Person dies in police custody or jail Authority–
The High Court Division also directed to add a new section after section 44 of the Police Act. It observed that if a person dies in police custody or jail the police officer who has arrested the person or the police officer who has taken him in custody for the purpose of interrogation or the jail authority in which jail the death took place shall explain the reasons for death and shall prove the relevant facts to substantiate their explanation. Accordingly, it observed that in case of such incidents there is no provision for maintaining any diary for recording reason for arrest of any person without any warrant and other necessary particulars. As observed above, the government has promulgated a law covering the field namely নির্যাতন এবং হেফাজতে মৃত্যু (নিবারণ) আইন, ২০১৩. In the preamble it is stated that as the Bangladesh is a signatory of the New York’s Declaration on 10th December, 1984 towards cruel, inhuman, disgraceful behaviour; and as Bangladesh is a partner in the Treatise signed on 5th October, 1998; as in article 35(5) of the constitution prohibits torture and cruel, inhuman, degrading treatment and punishment; and as in articles 2(1) and 3 of the United Nations charter demanded to promulgate a law by the countries which signed the charter treating the torture, cruel, inhuman and degrading treatment of a citizen is an offence; and therefore, in order to implement the charter the law has been promulgated. This piece of legislation covers all the above inhuman acts. In presence of specific legislation, we find it not necessary to add any provision in other laws in this regard. .....Ministry of Law, Justice & Parl. Afrs. =VS= BLAST, (Civil), 2017 (2)– [3 LM (AD) 274] ....View Full Judgment

Section 44 of the Police Act and regulations Nos.263 and 264 of the Police Regulations of Bengal are relevant for our consideration which read as follows:
“263. (a) section 172, Code of Criminal Procedure, prescribes the case diary which an investigating officer is bound by law to keep of his proceedings in connection with the investigation of each case. The law requires the diary to show—
(i) the time at which the information reached him;
(ii) the time at which he began and closed his investigation;
(iii) the place or places visited by him.
(iv) a statement of the circumstances ascertained through his investigation. .....Ministry of Law, Justice & Parl. Afrs. =VS= BLAST, (Civil), 2017 (2)– [3 LM (AD) 274] ....View Full Judgment

It appears from the impugned memo that it was issued from the Police Headquarters in the form of directives, of them, directive No.5 contains an embargo upon the promotion prospect in respect of those who have landed with three major punishments. In paragraph 6, it has been mentioned that the officers who have received less than three major punishments shall not be eligible for consideration for promotion before expiry of 3 years from the date of punishment. These are policy matters relating to the terms and conditions of service of a police officer and this power has not been given to the Inspector-General of Police by the Police Act or the Bengal Police Regulation or any other law. …Bangladesh Vs. Md. Abdus Satter and others, (Civil), 1 SCOB [2015] AD 17 ....View Full Judgment

Writ petitioners did not challenge any disciplinary action taken against them by the Inspector–General of Police. The authority did not give the directions in accordance with the Police Act or the Bengal Police Regulations or the Ordinance of 1969. The writ petitioners also did not challenge the propriety of the imposition of black marks upon them. They have challenged the embargo imposed upon them by the Police Headquarter, which directly affected their right to be considered for promotion to the next higher post. Clause (5) of Article 102 does not stand in their way of making an application under Article 102(1) of the Constitution subject to the provision of Article 45 of the Constitution. …Bangladesh Vs. Md. Abdus Satter and others, (Civil), 1 SCOB [2015] AD 17 ....View Full Judgment