The home ministry has started the process to prepare a draft of a new law for police titled the Bangladesh Police Act, 2013, for strengthening the activities of the police and making the law enforcement agency serve the people in a manner befitting the times. For preparing the draft, the ministry has formed a committee headed by a senior bureaucrat after receiving directives from the high ups, sources in the home ministry said.
At present, the main law enforcement agency of the country is conducting its activities under the Police Act (Act V of 1861), as in the neighbouring countries, especially India.
The police headquarters have already prepared a draft of the Bangladesh Police Act, 2013, and recently forwarded it to the home ministry to help the committee prepare a final draft of the proposed law.
Md Humayun Kabir, joint secretary of the home ministry who is the chief of the committee that will prepare the draft of the new law for the police personnel, said they are studying police laws of 10 countries with the best practices after the first meeting of the committee was held on July 31.
“We will prepare a draft of the Bangladesh Police Act, 2013, after completing a study of the police laws of the 10 countries,” he said.
“We can take the opinions of stakeholders and different professional bodies, if necessary, to make it law befitting the times for the law enforcement agency,” he added.
He also noted that the Indian police are providing their service under the old law enacted in 1861.
Sources said, a draft of the Bangladesh Police Act, prepared by the police headquarters, provides magistracy power to officers of the rank of assistant superintendent of police (ASP) and above. According to the proposed Act, the police chief will be vested with more powers and he or she will take most decisions on running the police force independently of the home secretary and even the home minister.
After receiving the police draft, the home ministry on July 1 had formed a six-member committee, headed by Md Humayun Kabir, to prepare a new law. The committee will submit the draft of the proposed Act to the senior secretary of the home ministry after reviewing the Police Act, 1861, and the draft police law within two months.
Inspector general of police Hassan Mahmud Khandaker has earlier said the new law will strengthen policing activities. “We are hoping that the government will enact the new law in the greater interests of the police personnel,” he said.
State minister for home affairs Shamsul Haque Tuku said a decision will be taken after the draft of the Bangladesh Police Act, 2013, is finalised by the six-member committee.
Critics of the proposed law said there was no need to hand over magistracy power to police officers. “The police should maintain law and order and the executive and the judiciary departments must exercise magistracy power as per law,” said former cabinet secretary Ali Imam Majumder.
“I personally think that there is no need to enact this kind of law at the eleventh hour of the present government’s tenure,” he added.
The second chapter of the proposed Act states: “There will be one police force in the country and it will be known as police force, or police service, or Bangladesh Police. Members of the police force will be able to transfer in and outside the country to equivalent posts in different government divisions.”
Under Section 6(1), the government will not be able to empower any person, official, authority or court to control police officers.
Section 7(1) proposes that the government will form an autonomous police division in coordination with police officers under the home ministry.
“Overall management, operation, control and administration will be vested in the hands of the chief of police,” says Section 8. “The chief of police will exercise all powers, including financial authority, like the senior secretary or the secretary of the ministry concerned,” Section 11(1) adds.
According to Section 11(2), the police chief and inspectors general would have the full authority of a class-I executive magistrate. At the same time, the authority of an executive magistrate would be given to an officer of the rank of assistant superintendent of police (ASP) and above.
Under Section 27, a class-II police officer can take necessary action against any person for money laundering, misappropriation of money and criminal breach for prevention and investigation of any economic crime. At present, these crimes are under the purview of the Anti-Corruption Commission (ACC).
“The police can take any person into custody to safeguard the life and property of people and police personnel,” reads Section 21.
Section 14 states: “The government can declare any area of Bangladesh as a ‘police district’, which will be headed by a superintendent of police (SP).”
Section 48 provides for the appointment of special police officers for two years by an officer empowered by the police chief, the police commissioner or the district police chief for a special purpose, if necessary.
Under Section 268, a police sub-inspector (SI) would have the power to direct or control a procession, demonstration or course of a rally, if necessary, and the SI could order that they be dispersed or stopped if they violate laws.
Section 75 says, “Any police officer can issue a notice to a person for questioning on an incident under investigation. If anyone fails to provide necessary information or documents under the notice, he or she can be fined Tk. 50,000 or face three months of rigorous imprisonment or both.”
According to Section 95, the police chief can issue circulars and orders, and these will be notified through gazettes.
Section 62 (1) said a court cannot accept any complaint against any police officer without prior permission of the government. Under Section 62 (2), no case will be accepted against a police officer by a court unless the case is filed within six months from the date the crime is committed and abuse of law while discharging duty. Section 62(3) added that if a complainant wanted to file a case against a police officer, he or she must give two months’ notice with details of the complaint as per the civil law procedure.
Under Section 46, police officers can take up a second job after obtaining written permission from the police chief. The second job, however, should not be in conflict with police work and duties.
According to Section 57, a public security fund can be created through donations and grants, and the police chief would oversee the funds.
Under Section 21, police have to inform the family or relatives of an arrestee as soon as possible and they have to ensure the rights and facilities of the accused.
Section 30 said there would be a helpdesk at every police station, where anyone can find out whether a person was detained in custody there. Police officers have to acknowledge complaints filed in police stations. At the same time, complainants will have the right to know about the progress of the investigation and the results of complaints, the proposed Act added.
-With The Independent input
