The High Court on Wednesday issued seven-point directives to the authorities concerned in order to take initiatives for stopping fake arrest warrants against people.
The HC bench of Justice M Enayetur Rahim and Justice Md Mostafizur Rahman passed the directives following a writ petition challenging a 'fake arrest warrant' issued against Awlad Hossain, programme officer at Gonoshasthaya Kendra.
Advocate Emadul Hoque Bosir who appeared in the court for the writ petitioner said, "The HC bench didn't hold hearing on the petition as its jurisdiction has already been changed. The court asked us to place the petition in another bench that has the jurisdiction to hear it. Before that the court passed seven-point directives to stop fake arrest warrant."
The High Court directed that the officials who will execute the arrest warrant would write their names, designations and addresses clearly in a prescribed form.
It also directed that the names, designations and signatures with official seals of the judges or magistrates who issued arrest warrants against the accused in any case must be mentioned in the order of arrest warrant.
The names, designations, mobile phones numbers and signatures of the court staff who prepare arrest warrants will have to be used in the orders so that the accused can communicate with court staff to verify the authenticity of the order, the HC also said.
Names and addresses of the accused, case number and section under which the arrest warrant has been issued have to be mentioned in the warrant clearly.
A peon of the court will record the arrest warrant in a register book and will bear it to the concerned police superintendent office after it had prepared. And an official of the police superintendent office will receive it through an entry book.
In case of execution of an arrest warrant in a district outside the jurisdiction of the authorities, the issuing authorities have to send a copy of the arrest warrant after sealing it to the office of the superintendent of police of the concerned district.
The officer-in-charge of the concerned superintendent of police office will open the sealed envelope and check the arrest warrant and take the next step. However, if there is any doubt about an arrest warrant, the executing officer will contact the warrant preparer through the mobile phone for confirming about the warrant and taking further action.
After the arrest of the accused according to the arrest warrant, the concerned police officer has to appear in the nearest court with the warrant within the stipulated time, said the HC. If the magistrate or judge does not grant bail, the accused will have to be sent to jail with a copy of the order.
The concerned jail superintendent or any other responsible officer will inform the arrest warrant issuing court about the case, police station and court that sent the accused to the jail, also read the directives.
The High Court asked home ministry, law ministry, inspector general of police, inspector general of prisons, registrar general of the Supreme Court to comply with the directives.
Awlad Hossain's wife Shahnaj Parveen filed a writ petition with the High Court seeking necessary order on December 09, 2019.
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