ARREST AND DETENTION OD DEFENDANT

An arrest warrant is an official document approved by a judge or magistrate, which authorizes law enforcement to take a given person into custody. In most cases, the arrest warrant must contain the suspect’s name, the crimes they stand accused of, and other restrictions on where and how this suspect can be detained.

For law enforcement to obtain an arrest warrant, they must present evidence under oath or affidavit to a judge or magistrate that clearly states a crime occurred and the person mentioned in the arrest warrant was in some way responsible for this crime. In the arrest warrant, certain details and information connecting the person being arrested to the crimes in question must be made available to both the issuing court official, as well as the suspect at the time of their arrest

Civil preceding the presence of defendant is imperative to settle the core of dispute between the parties and to determine the truth of the claim of plaintiff. Again if it is noticed at the earlier stage of the suit that there is strong probability of success of claim of plaintiff it is the duty of court to take necessary steps against any activities of the defendant which is aimed at to frustrate the plaintiffs claim. The Code of Civil

Procedure prescribes specific provision in this regard that where at any stage of the suit the court is satisfied by affidavit or otherwise that the defendant with the intent to delay the plaintiff or to avoid any process of the court or to obstruct or to delay the execution of any decree that may be passed against him

(i) has absconded or left the local limit of the jurisdiction of the court or

(ii) is about to abscond or leave the local limit of the jurisdiction of the court or

(iii) has deposed of or removed from the local limit of the jurisdiction of the court his property or any part thereof the court may issue the warrant to arrest the defendant and bring him before the court to show cause why he should not furnish security for his appearance.

Again where at any stage of the suit the court is satisfied by affidavit or otherwise that the defendant is about to leave Bangladesh under the circumstances affording reasonable probability that the plaintiff will or may thereby obstructed or delayed in the execution of any decree that may be passed against defendant in the suit the court may issue the warrant to arrest the defendant and bring him before the court to show cause why he should not furnish security for his appearance. Before exercising this extra-ordinary power the court must be satisfied that the plaintiff must have unimpeachable prima facie case in his favor. For the satisfaction of the court the applicant must make some concrete allegations and produce sufficient materials in support of the allegations. Where the suit is for determination of the right to immovable property the court cannot pass an order of arrest of the defendant under Order XXXVIII Rule 1 or in exercise of inherent power.11 Again it is provided that where the defendant fails to show such cause the court shall order him to deposit either money or property or furnish security or surety for his appearance. The person who gives the surety for appearance of defendant may apply to the court to be discharged from his obligation and in that case court shall summon or issue warrant of arrest to the defendant to appear before court and furnish fresh security.

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