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SC stays HC order barring arrests without specific case

Earlier, the High Court had ruled that no person could be arrested, detained or otherwise harassed if there was no specific case against them

Update : 29 Jul 2026, 01:46 PM

The Appellate Division has stayed a High Court order that barred the arrest, detention or harassment of any person in the absence of a specific case against them.

The apex court also directed the High Court to dispose of the related rule within four weeks.

The order was passed on Wednesday by the Appellate Division headed by Chief Justice Zubair Rahman Chowdhury after hearing the state’s appeal against the High Court order.

Attorney General Barrister Md Ruhul Quddus Kajal represented the state, while Senior Advocate Sara Hossain and Advocate Syed Mamun Mahbub appeared for the petitioners.

Earlier, the High Court had ruled that no person could be arrested, detained or otherwise harassed if there was no specific case against them.

The court also issued a rule asking why repeated attempts by the respondents to falsely show the petitioners as arrested and implicate them in fabricated cases solely to harass, humiliate and oppress them should not be declared illegal, without lawful authority and of no legal effect. It further sought an explanation as to why the respondents should not be restrained from arresting or harassing the petitioners in the absence of a specific case.

The state subsequently challenged the High Court order before the Appellate Division.

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