Thin Line of Arrest Reform Police to Protect Liberty Rights

‘You are under arrest.’ 
‘Why? What have I done?’ 
‘You will find out at the police station.’ 

Many in Bangladesh know this exchange from personal experience or the ordeal of a relative or neighbour. Section 54 of the Code of Criminal Procedure (CrPC) allows police to arrest without a warrant. Few cases expose the consequences of this power more starkly than that of Fazlu Miah.

Arrested in Sylhet in July 1993, Fazlu, now 55, was charged under Section 13 of the Lunacy Act 1912 for ‘wandering at large’ as a man of unsound mind, despite having committed no offence. He spent 22 years in Sylhet Central Jail before his release on October 15, 2015. No release order could restore those lost years. His case raises a fundamental question: why did constitutional safeguards fail him? Section 54(1) empowers police to arrest without a warrant on reasonable suspicion or in urgent situations to prevent crime. Yet the boundary between police authority and personal liberty remains critical. Article 31 of the Constitution guarantees protection of law, Article 32 protects life and personal liberty, and Article 33 requires arrested persons to be informed of the grounds of arrest and allowed to consult a lawyer of their choice. Arrest can also expose detainees to physical torture and mental pressure to extract statements.

In BLAST v Bangladesh, following Dhaka University student Shamim Reza Rubel’s death in police custody after his arrest under Section 54 and remand under Section 167, the High Court found excessive and inadequate control over these powers and issued 15 directives against arbitrary arrest. It ruled that Section 54 could not justify arrest under Section 3 of the Special Powers Act and that a magistrate could release an accused under Section 169 of the CrPC if police failed to produce a proper case diary. Section 54(A), introduced through the 2025 amendment, further restricts warrantless arrests, requiring reasonable grounds supported by a specific complaint or verified information rather than suspicion alone.

Inadequate training, recruitment and motivation, coupled with corruption, poor salaries and working conditions, weaken public service. Political influence over promotions and transfers can also compromise investigations into corruption, organised crime and sensitive cases.

Transforming the Bangladesh Police into the Bangladesh Police Service requires enforcement of Section 54(A), proper training, fair salaries and effective anti-corruption measures. The government and opposition must work together to establish a professional force that protects rights, controls crime and serves citizens with respect.