ASK expresses concern over police directive to re-arrest leaders of 'banned political party'
ASK described the reported directive as inconsistent with the rule of law, personal liberty and fundamental principles of justice.
The Ain o Salish Kendra (ASK) has expressed deep concern over recent media reports detailing a police directive to take "action based on the situation" against leaders and activists of 'a banned political party' and to re-arrest those released on bail.
In a press release issued today (26 February), the rights body said recent media reports indicate that field-level police officials were directed to consider "re-arrest" or "shown arrest" in fresh cases against those released on bail, based on their perceived ability to "strengthen or reorganise the party."
According to the reports, a written instruction circulated within the Rajshahi Range of Bangladesh Police recommended assessing whether those released on bail were capable of resuming organisational activities. If deemed capable, they were to be re-arrested in other cases.
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The letter, signed by Rajshahi Range DIG Mohammad Shahjahan, stated that leaders and activists of "banned/suspended fascist organisations" who, after being granted bail, were able to reorganise and demonstrate activities at the field level "must be re-arrested in other cases after their bail."
It added that those who did not possess such characteristics did not need to be re-arrested for the time being.
The directive also instructed officers to follow existing laws and regulations while providing protocol and protection.
Contacted for comment, DIG Mohammad Shahjahan confirmed the authenticity of the letter but rejected claims that it targeted any specific political party.
He said the instruction was issued in response to renewed activities by several militant organisations and was aimed solely at maintaining law and order.
"There is no mention of the Awami League in my letter. If anyone assumes otherwise, that would be incorrect," he told the media, adding that the measure was intended to ensure public security.
ASK, however, described the reported directive as inconsistent with the rule of law, personal liberty and fundamental principles of justice.
"If there are specific allegations and evidence against any person, the state has the responsibility to proceed in accordance with the law. However, re-arrest based on presumption or with intent to harass is contrary to legal and democratic norms," the organisation said.
The rights body also questioned the legal basis and accountability framework under which such decisions were taken, particularly under a newly elected government that has pledged to uphold good governance, protect human rights and ensure accountability.
In the context of a democratic transition through popular vote, ASK said, state institutions, especially law enforcement agencies, carry a greater responsibility to act in line with constitutional and human rights standards.
The organisation emphasised that the Constitution of Bangladesh and international human rights instruments guarantee personal liberty, due process and equal protection of the law. While action against alleged wrongdoing is necessary, no authority has the mandate to harass individuals in a motivated manner, it added.
ASK demanded immediate disclosure of the legal basis of the reported directive, a review of all related orders and procedures, and steps to ensure compliance with constitutional and international human rights standards.
It also called for an end to unlawful arrests, harassment and the practice of "shown arrest," urging authorities to safeguard citizens' rights to justice, liberty and equal protection under the law.
