Arbitrary Arrest and Detention

Case Name and Number: Mass Arrest Case, Writ Petition No. 2192/2004
Parties: ASK & others vs. Government & others
Court: High Court Division of the Supreme Court
Judges: Justice Md. Abdul Matin, Justice Syed Refaat Ahmed
ASK’s Role: Petitioner
Conducting Lawyer: Dr. M. Zahir, Salauddin Ahmed, Sara Hossain, Faustina Pereira, Tanjib-ul-Alam
Subject Matter: This case was filed against the wholesale and arbitrary arrest and detention of about 7000 innocent people by the law enforcement agencies under Sections 86 and 100 of the Dhaka Metropolitan Police Ordinance 1976. The petitioners also challenged the provisions of Section 86 of this Ordinance being ultra vires of the Constitution.
Court’s Response: The Court on April 27, 2004 directed the respondents to release the detainees and it issued a rule nisi calling upon the respondents to show cause as to why such arrest under Sections 86 and 100 of the Dhaka Metropolitan Police Ordinance 1976 and also the provision of Section 86 of the Ordinance shall not be declared without lawful authority and ultra vires to the Constitution.
Current Status: The case is now pending for hearing.
ASK Contact: Abu Obaidur Rahman, Senior Coordinator, Legal Advocacy & Policy Reform Unit. Email:ask@citechco.net