A directive issued by the Rajshahi Range police instructing officers to re-arrest leaders and activists of banned or suspended organizations even after they secure bail has sparked concerns among legal experts, who warn it may violate constitutional protections and established judicial norms.
The instruction, contained in a letter signed on February 24 by Rajshahi Range Deputy Inspector General (DIG) Mohammad Shahjahan, was sent to superintendents of police in eight districts -- Rajshahi, Chapainawabganj, Naogaon, Natore, Pabna, Sirajganj, Bogura and Joypurhat.
According to the letter, individuals affiliated with banned or suspended organizations who obtain bail but are deemed capable of reorganizing, strengthening or mobilizing such groups at the field level should be shown re-arrested in other pending cases.
Those considered unlikely to engage in such activities are not required to be re-arrested immediately.
The directive also calls for close monitoring of such individuals and emphasizes adherence to existing laws and regulations in providing protocol and security.
It notes that police superintendents had previously been briefed on the matter through group messages and describes the instruction as requiring strict compliance until further notice.
Legal and constitutional concerns
Senior Supreme Court lawyer Mohammad Saeed Ahmed (Raja) criticized the directive, saying no legal framework permits executive instructions to override judicial decisions granting bail.
“No law in the world allows government letters to threaten individuals in this way. Arrests without specific evidence violate the Constitution, and there is no provision for re-arrest after bail,” he said.
Advocate Zainul Abedin, president of the Nationalist Lawyers’ Forum, echoed similar concerns.
“Nothing can be done outside judicial norms. The law must guide all actions, ensuring that neither the country nor its citizens are harmed,” he told Dhaka Tribune.
Legal experts say that while re-arrest in separate cases is legally permissible if supported by credible evidence, any blanket or pre-emptive approach based on perceived future conduct rather than concrete grounds could raise serious questions about due process and individual rights.
Police response
When contacted, DIG Shahjahan said the letter does not mention any specific political party and applies to leaders and activists of all banned or suspended organizations.
He said the directive is consistent with provisions of the Anti-Terrorism Acts of 2009 and 2012, as well as Sections 274, 137 and 159 of the Special Powers Act, which are intended to address anti-state activities and serious crimes.
Shahjahan maintained that individuals facing multiple cases may be re-arrested after obtaining bail and claimed that portions of the letter had been misrepresented.
“No action will be taken against individuals who are not involved in wrongdoing,” he said, adding that the directive was issued to maintain law and order amid what he described as increased activity by members of banned organizations in the Rajshahi region.
However, Assistant Inspector General (Media and PR) HM Shahadat Hossain said Police Headquarters has not issued any nationwide instruction regarding the re-arrest of leaders or activists of banned groups.
He said that the Rajshahi Range letter was seen circulating on social media.
The development comes amid heightened sensitivity over the balance between maintaining public order and upholding constitutional guarantees, including the right to liberty and protection from arbitrary arrest.
Rights advocates warn that if implemented without strict adherence to judicial standards and case-specific evidence, such directives could undermine confidence in the rule of law and raise questions about the independence of the justice process.
