SC lawyers issue legal notice seeking guidelines to prevent misuse of 'shown arrest'
The notice warns that misuse of the procedure undermines court-granted bail and violates constitutional rights to personal liberty and legal protection.
Several Supreme Court lawyers have issued a legal notice to the government seeking the formulation and implementation of necessary guidelines to prevent the misuse of the "shown arrest" procedure under the Code of Criminal Procedure (CrPC).
The notice was sent by registered post today (2 August) to the secretary of the Law and Justice Division under the Ministry of Law, Justice and Parliamentary Affairs, the Registrar General of the Supreme Court, the secretary of the Public Security Division under the Ministry of Home Affairs, and the inspector general of police (IGP).
Supreme Court Appellate Division lawyer Barrister Mohammad Humayun Kabir Pallab sent the notice on behalf of Law and Life Foundation Trust and three lawyers – Barrister Mohammad Kawsar, Md Maksudur Rahman and Maruf Hasan Tamal.
Keep updated, follow The Business Standard's Google news channel
The notice said legal action, including filing a writ petition before the High Court under Article 102 of the Constitution, would be taken if necessary measures are not adopted within five days of receiving the notice.
It alleged that the practice of obstructing bail for political purposes has existed since the British colonial period and continued at various times during the Pakistan era and after Bangladesh's independence.
The notice cited the general legal principle that "bail should be the rule, and imprisonment should be the exception".
It said that in many cases, after an individual is granted bail in one case, law enforcement agencies show them arrested in another case and keep them in custody, effectively making the court's bail order ineffective.
According to the notice, such practices undermine the authority of courts and violate the constitutional rights of individuals seeking justice.
The lawyers also referred to the Criminal Procedure (Amendment) Act, 2026, which introduced Section 167A to the CrPC.
Under the provision, a magistrate can approve an application to show a person already in custody in another case as arrested in a new case only if the individual is produced before the court along with a copy of the case diary, given an opportunity to present their statement, and the court is satisfied that there are sufficient grounds for the application.
The notice further highlighted constitutional protections under Articles 32, 33, 35 and 36, which guarantee personal liberty, safeguards against unlawful arrest and detention, the right to a fair trial, and freedom of movement.
It urged the authorities to take effective steps to prevent the misuse of the shown arrest procedure and ensure the protection of these constitutional rights.
