The Appellate Division of the Supreme Court (SC) on Wednesday stayed a High Court order that barred authorities from showing anyone arrested, arresting them, or subjecting them to harassment in any form unless there was a specific case against them.
The apex court also directed the High Court to dispose of the rule issued in this regard within four weeks.
A four-member bench of the Appellate Division, headed by Chief Justice Zubayer Rahman Chowdhury, passed the order following a petition filed by the state.
Lawyers Sara Hossain and Syed Mamun Mahbub appeared for the petitioners, while Attorney General Md Ruhul Quddus Kazal represented the state.
After the hearing, the attorney general told reporters that the Appellate Division’s order would allow investigating officers to seek court permission to arrest a person if evidence of their involvement emerges during a criminal investigation, even if the person’s name was not included in the first information report (FIR).
The High Court had earlier issued an interim order following petitions filed by several individuals, directing that people against whom no specific cases existed should not be subjected to show arrest, arrest, or any other form of harassment.
The High Court had also issued a rule asking why repeated show arrests of the petitioners and the alleged steps taken to implicate them in serious false cases for the purpose of harassment, humiliation, and intimidation should not be declared illegal, beyond legal authority, and without lawful effect.
The court had further sought an explanation as to why authorities should not be directed to refrain from showing the petitioners arrested, arresting them, or otherwise harassing them in the absence of specific cases.
The state later moved the Appellate Division challenging the High Court’s interim order.
Following the hearing, the apex court stayed the order on Wednesday and instructed the High Court to settle the rule within four weeks.
