SC halts HC order preventing arrest of people without specific allegations
Daily Sun Report, Dhaka
Published: 29 Jul 2026, 05:02 PM
The
Appellate Division of the Supreme Court on Wednesday imposed a stay order on a
High Court (HC) ban that prevented the arrest and legal harassment of individuals
not accused in a lawsuit.
A four-member
bench, led by Chief Justice Zubayer Rahman Chowdhury, issued the stay order
after the state filed a petition challenging the HC move, said Attorney General
Md Ruhul Kuddus Kajol at his office.
The attorney
general was accompanied by Deputy Attorney General Mohammad Mehedi Hasan during
the hearing. Senior Advocate Mustafizur Rahman Khan and Advocate AKM Fakhrul
Islam, among others, were in favour of the writ petition, which had prompted the HC directive.
The
Appellate Division also ordered the officials concerned to dispose of a HC
ruling in this regard within the next four weeks.
Earlier, Justice
Razik Al Jalil and Justice Debashish Rai Chowdhury of the High Court ordered
that none can be shown arrested or harassed through other legal means if the
person is not specifically accused in a lawsuit.
For
executing the arrest, the name must be present in the first information
report (FIR), the High Court had said in response to a writ petition.
Speaking to
reporters on Wednesday, Attorney General Md Ruhul Kuddus Kajol highlighted the HC
directive’s drawbacks. Even after filing the FIR, police may find strong
evidence or grounds for implicating additional individuals in any given
lawsuit, but the HC order was preventing them.
Following
the SC stay order on the HC directive, police can conduct investigation works
smoothly and efficiently, the attorney general said.
HC ruling
The HC had also
issued a ruling asking the authorities concerned to explain why it would not be
declared illegal or beyond legal scope when the defendants and law enforcement
authorities implicate a person, who was not included in the FIR, in a “false lawsuit of a serious nature” – only to harass, humiliate and repress the individual.
The HC
further asked why an order would not be issued barring the arrest, detention
and legal harassment of the petitioner if the petitioner is not specifically
accused in a case.