Arrest without warrant goes against essence of rule of law: Kamal

Staff Correspondent

Senior jurist Kamal Hossain on Saturday said law enforcers must establish reasonable grounds for doubt about a suspect before arresting him, which is an essential principle of justice and a prerequisite for rule of law.
‘Arrest without warrant goes against the essence of rule of law,’ said Kamal Hossain while giving a lecture on rule of law at the University of Asia Pacific in the city. The department of law and human rights of the university hosted the lecture as a part of ‘distinguished law lectures series’.
The university vice chancellor Jamilur Reza Choudhury chaired the session.
The jurist said there is no scope to arrest anyone when law enforcers are in plainclothes.
‘The victim must be informed within three hours into his or her arrest as to why he or she was arrested, and the family members of the victims will have to be informed about the arrest within an hour into the arrest,’ he said.
Kamal also called on all to raise their united voice whenever their freedom of expression is obstructed.
‘Unity is an imperative to realise your rights as the owner of the state, as stipulated in the constitution,’ he noted.
Kamal, also Gana Forum president, said having an independent judiciary is an imperative for constitutional rule.
‘The constitution empowers none to use power at the whims of those who are entrusted with the authority. No power is without limit. Everything should be done within the boundary of the constitution,’ said Kamal.
He said there must be a neutral body to oversee whether anybody uses power beyond the limit drawn by the constitution. ‘That is why, we need an independent judiciary. The judiciary should ensure a check-and-balance with the government.’
Kamal said if there is no independence of judiciary, there can be no rule of law and no constitution.
He was also very critical of law enforcers’ torture of detainees after taking them into remand.
After the lecture, Kamal took questions from students of the department of law and human rights of the university.

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