The High Court on Sunday ordered the government and the police to justify within four weeks the 30-day detention of model and 2020 Miss Bangladesh Foundation chairperson Meghna Alam, citing insufficient clarity regarding the grounds for her prolonged detention in custody.
A vacation bench of Justice Razik-Al Jalil and Justice Tamanna Rahman Khalidi issued the directive following a writ petition filed by Meghna鈥檚 father Badrul Alam contesting her detention, which began on April 10.
The court further demanded explanations on why Meghna was picked up from her home without a warrant or notification of the arrest鈥檚 basis and why she was held for over 24 hours at the office of the Detective Branch of Dhaka Metropolitan Police, allegedly violating the Supreme Court鈥檚 arrest guidelines.
Meghna was initially arrested on April 9 by the Detective Branch of DMP. The next day, a magistrate court, acting on a police recommendation, imposed a 30-day detention under the Special Powers Act 1974.
Rights lawyer Sara Hossain, representing Meghna, argued that her nighttime arrest on vague allegations of endangering state security violated legal protocols.
The police initially denied any plan to hold her beyond 24 hours for questioning, the then DMP DB chief Rezaul Karim Mallik later confirmed her continued detention without providing further details.
A statement from the Dhaka Metropolitan Police on April 11 indicated that Meghna Alam had been taken into 鈥榮afe custody鈥� on allegations that she disrupted state security, spread false information about key figures, and conspired to harm the nation鈥檚 economic interests.
The police claimed that her arrest and detention adhered to legal procedures.
In a related development, the office of the metropolitan police commissioner transferred Rezaul Karim Mallik to the DMP headquarters as an additional commissioner from the post of the chief of the DB of the metropolitan police.
The transfer was made for administrative reasons, according to the transfer order signed by the metropolitan police commissioner Sheikh Mohammad Sajjat Ali.
Law adviser Asif Nazrul at a press conference at his secretariat conference room in Dhaka on Sunday said that the process of the arrest of Meghna was not proper.
鈥楢lthough there are specific allegations, the process of her arrest was not proper. The process of using the Special Powers Act was not appropriate. If evidence of wrongdoing emerges, the Home Ministry will take proper legal action,鈥� he said.
Lawyer Sara Hossain told the High Court that Meghna Alam鈥檚 detention blatantly contravened an Appellate Division directive.
The guideline prohibits arrest on mere suspicion under Section 54 of the Code of Criminal Procedure for the purpose of remanding an individual under the Special Powers Act, 1974, unless an FIR is filed.
It also requires law enforcers to reveal their identities and present their identity cards to both the arrested person and onlookers at the time of arrest.
Sara Hossain further argued that not only Meghna鈥檚 arrest was unlawful but also the magistrate ignored these established guidelines when ordering her detention.
The guidelines stipulate that an arrested person must be allowed to consult a lawyer or meet a close relative.
When presented before a magistrate, the law enforcer must explain why the investigation cannot be wrapped up within 24 hours and clarify the basis of the charges.
Magistrates should release an individual on bond if the arrest report lacks diary entries detailing the case.
If, after conditions are met, the investigation is not completed within 15 days and the case falls solely under the jurisdiction of a court of sessions or tribunal, the magistrate may remand the accused for up to 15 days at a time.
However, if the evidence satisfies the magistrate, detention may be ordered 鈥榰ntil the legislative measure is taken鈥�.
Importantly, detention for preventive purposes is not permitted if indicated in the police forwarding report.
These guidelines were issued by the Appellate Division on May 24, 2016, following the dismissal of a government appeal against a High Court ruling that set out 15 detailed measures for arrests, interrogations, and detention.
Sara said that the legal framework was established in response to longstanding concerns over custodial abuse.
In 1998, rights organisations including the Bangladesh Legal Aid Services Trust and Ain o Salish Kendra filed a writ petition after several high-profile custodial deaths鈥攕uch as those of Independent University student Shamim Reza Rubel, 18-year-old Chittagong girl Shima Chowhury, and Arun Chakraborti in Dhaka鈥攕hocked the nation.
