The Law Commission has noted that courts are routinely granting police requests to authorise the detention of the accused for more than the three day limit permitted by the Supreme Court, following its judgment in a case brought by the Bangladesh Legal Aid and Services Trust (Blast) in 2003.
A number of recent high profile cases have seen the granting of remand orders for five days. The five day remand against Adilur Rahman Khan, secretary of Odhikar, notably, had to be annulled by the High Court because no case was properly filed against him when he was placed on remand.
Compelling evidence was provided in the 2003 Blast case that excessive remand orders to detain accused persons over three days are sometimes sought in order to seek bribes from the accused for early release, or to allow more time for unlawful interrogation practices, including torture.
The Supreme Court’s judgment made clear that such practices are unlawful. However, lower courts are not implementing its ruling, even after the government issued a circular to remind all judges, the police and magistrates of their duty to follow the directions issued by the Blast case.
Not only is the flouting of this Supreme Court judgment unconstitutional, but it also increases public expense by unnecessarily filling up jails and emboldens those corrupt police officers who file false cases with the intention of seeking bribes from the falsely accused.
Urgent action is needed to ensure the law on limiting remand is followed by all parts of the judiciary and police.