Abstract

Nowadays, repeated arrest in the jail gate by the law enforcement agencies has been a common phenomenon. It has been an engine for suppression and oppression upon the leaders and activists of the oppositions. The law enforcement agencies argued that they are empowered to arrest anybody under section 54 of the Code of Criminal Procedure those are allegedly involved with cognizable offence. Our Apex Court in the case of BLAST vs. Bangladesh, reported in 69 DLR (AD) 63 laid down specific guidelines for arrest under section 54 of the CrPC and arbitrary arrest in the jail gate by the law enforcement agencies violates the guidelines given by the Apex Court. In fact, the law intends to maintain balance between the power under section 54 and the fundamental right to life and liberty guaranteed under Article 32 of the Constitution. In this paper, an attempt has been made to discuss the recurrent incidents of arrest at the jail gate, maintainability of the writ petition, scope of section 54 of the CrPC and abuse of power by the law enforcement agencies.