Constitutional Rights against Arbitrary Arrest and Detention: The Case of Bangladesh

Right against arbitrary arrest and detention is one of the important elements of human rights emphasized by numerous international human rights instruments. It is an important aspect of personal liberty of individuals and therefore, every democratic state has accepted the principle of the right against arbitrary arrest and detention and its acceptance is found in the specific provisions of the written constitutions of different countries of the world. Like the constitutions of other democratic countries, the Constitution of Bangladesh has guaranteed the right against arbitrary arrest and detention as a fundamental right. Nevertheless, the violation of this right by the executive authorities, particularly by the law enforcing agencies is a common phenomenon in Bangladesh. In violation ofthis right the power of arrest without warrant granted by the Code of Criminal Procedure is frequently misused.This paper analyses the constitutional safeguards as to arrest and detention as well as the provisions of the Code of Criminal Procedure taking into account the interpretations of the Supreme Court of Bangladesh in numerous cases. It also concentrates on the relevant provisions of international human rights instruments and case laws from theIndian jurisdiction.