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High Court: Reconfirm with court before executing arrest warrant

  • Published at 01:48 pm October 14th, 2020
High Court-SC-court
File photo of the Supreme Court of Bangladesh, which houses the High Court and the Appellate Division Dhaka Tribune

Earlier on September 30, the High Court questioned the role of the Bangladesh jail authorities in a case where a person was shown arrested on the basis of several false warrants

The High Court has issued seven directives addressing the authorities concerned to have them execute arrest warrants properly, and avoid using false warrants against the general population.

The High Court bench of Justice M Enayetur Rahim and Justice Md Mostafizur Rahman issued the directives after hearing a writ challenging an arrest warrant issued against Gonoshasthaya Kendra's program officer Awlad Hossain, who was put in jail on a false arrest warrant and shown arrested in several false arrest warrants as well.

The directives state that seals with clear names and designations of judges or magistrates who issue arrest warrants against the accused in any case must be used in orders relating to arrest warrants.

Cell phone number, designation and signature of the court staff who prepares the warrant must be used in the order so that the arresting authority can communicate with the person in case they have doubts or feel the need to verify the authenticity of the order, the directives said.

The court also said that use of technology could be gradually increased in sending and implementing arrest warrants.

If the arrest had to be made outside the local authority’s jurisdiction, the warrant must be sent to the superintendent of police (SP) concerned with the court's seal on the order still intact, said the High Court. The SP must verify the warrant with the issuing court officials, using the cell phone numbers provided.


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The assigning officer must re-confirm the warrant with the issuing court officials by using the cell phone numbers provided in the order.

After complying with an arrest warrant, the relevant police officer must produce the accused before the nearest court within the time specified in the arrest warrant. If the court decides to reject bail and send the accused to jail, it must immediately send a supplementary document to the court issuing the arrest warrant.

The jail super is also required to confirm his detainee over the specific case with the issuing court. If the detainee has multiple cases against him from separate courts, then all the cases must be confirmed separately, states the directives.

The High Court bench ordered the directives to be sent to all subordinate courts across the country, and also to the secretaries of both divisions of the ministry of home, the secretary of the law and justice division of the law ministry, inspector general of police (IGP), inspector general of prisons, and the registrar general of the Supreme Court.

The High Court bench ordered the writ petitioner to go to another High Court bench that had the right jurisdiction in this regard.

Earlier on September 30, the High Court questioned the role of the Bangladesh jail authorities in a case where a person was shown arrested on the basis of several false warrants.

The court also expressed its profound disappointment during the hearing of the writ, filed by Shahnaj Parvin, wife of the victim Md Awlad Hossain.

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