24/10/2025
Human rights activist 'X' was abducted on 31U April, 2023 at 6:30 am from the road just in front
of his apartment located at Plot # 13 Road # 9/A, Dhanmondi R/A by the members of a law
enforcing agency wearing vests with "RAB written on them. a' was immediately blindfolded
and forcibly placed in a microbus that was waiting nearby, which took him to a secret detention center, Incidentally, the occurrence was recorded on the CC Camara of the apartment gate. Victim 'X' was never produced in any court of law. But when contacted, the RAB authority denied arresting the victim. On the aftemoon of the following day, the victim's wife 'Y' went to the Dhanmondi thana, but she was verbally denied the opportunity to file a GD entry. Two prominent national dailies published the news of 'X's abduction, claiming that RAB were responsible for it.
How do you deal with 'X's right and his unlawful detention? Prepare a brief to be presented in the appropriate forum as per provisions of the relevant laws in this regard.
Give answer
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Legal Brief on the Unlawful Detention and Violation of Fundamental Rights of Human Rights Activist âXâ
Facts in Brief
On 31 April 2023, at about 6:30 a.m., Human Rights Activist âXâ was abducted from in front of his apartment at Plot 13, Road 9/A, Dhanmondi R/A, by persons wearing vests marked âRAB.â
He was blindfolded, forced into a microbus, and taken to a secret detention center.
CCTV footage captured the incident.
RAB authority denied arresting him, and no record of arrest exists in any police station.
The victim was never produced before any court within 24 hours as required by law.
When the victimâs wife, âYâ, went to Dhanmondi Thana, she was refused permission to file a General Diary (GD).
National newspapers reported the incident, linking RAB to the abduction.
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Legal Issues
1. Whether the detention of âXâ constitutes a violation of fundamental rights under the Constitution of Bangladesh.
2. What legal remedy is available to challenge such unlawful detention and enforced disappearance.
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Relevant Legal Provisions
1. Constitution of Bangladesh
Article 31 â Right to protection of the law.
Article 32 â No person shall be deprived of life or personal liberty save in accordance with law.
Article 33 â Safeguards as to arrest and detention:
Every person arrested must be informed of the reasons for arrest.
Must be produced before a Magistrate within 24 hours of arrest.
Cannot be detained beyond that period without legal authority.
Article 44(1) â Right to move the High Court Division for enforcement of fundamental rights.
Article 102(2)(b)(i) â The Writ of Habeas Corpus may be issued by the High Court to command the detaining authority to produce the detained person and justify the detention.
2. Penal Code, 1860
Section 359â368 â Define and penalize kidnapping and abduction.
Section 365 â Kidnapping or abducting with intent to secretly and wrongfully confine a person is punishable.
3. Code of Criminal Procedure, 1898
Section 61 â A person arrested without warrant must be produced before a Magistrate within 24 hours.
Section 491 â The High Court Division can issue an order of habeas corpus to bring before it any person unlawfully detained.
4. International Human Rights Law
Article 9, ICCPR (ratified by Bangladesh) â Right to liberty and security of person; no one shall be subjected to arbitrary arrest or detention.
UN Declaration on the Protection of All Persons from Enforced Disappearance (1992) â Prohibits secret or unauthorized detention.
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Application of Law to the Facts
The abduction by RAB members, denial of arrest, and failure to produce âXâ before a court within 24 hours constitute a gross violation of Articles 31, 32, and 33 of the Constitution.
The act amounts to illegal arrest and enforced disappearance, punishable under Sections 365 and 368 of the Penal Code.
The refusal of police to register a GD violates the duty of law enforcement and further obstructs justice.
The constitutional remedy is available to the victimâs wife âYâ under Article 102(2)(b)(i) to file a Writ Petition of Habeas Corpus before the High Court Division of the Supreme Court of Bangladesh.
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Remedy and Relief Sought
Filing Forum:
High Court Division, Supreme Court of Bangladesh.
Nature of Petition:
Writ of Habeas Corpus under Article 102(2)(b)(i) of the Constitution.
Petitioner:
Mrs. âYâ, wife of the detained person.
Respondents:
1. Secretary, Ministry of Home Affairs.
2. Director General, Rapid Action Battalion (RAB).
3. Officer-in-Charge, Dhanmondi Police Station.
4. Inspector General of Police (IGP).
Prayers:
1. Issue a rule upon the respondents to show cause why the detention of âXâ should not be declared illegal and unconstitutional.
2. Direct the respondents to produce âXâ before the Court immediately.
3. Upon hearing, order the release of âXâ if found to be unlawfully detained.
4. Direct the government to ensure investigation and take disciplinary/legal action against the persons responsible.
5. Grant any other relief deemed fit by the Court in the interest of justice.
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Conclusion
The abduction and secret detention of âXâ by RAB members constitute a flagrant violation of fundamental rights, constitutional guarantees, and international human rights obligations. The proper legal course is to file a Writ of Habeas Corpus before the High Court Division seeking his immediate release and accountability of the perpetrators.
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â
In summary:
Right violated: Articles 31, 32, 33 of the Constitution.
Remedy: Writ of Habeas Corpus under Article 102(2)(b)(i).
Forum: High Court Division, Supreme Court of Bangladesh.
Relief: Production and release of âXâ, declaration of illegality, and direction for investigation.
