A proposed law on police reforms provides magistracy power to officers of the rank of assistant police superintendent (ASP) and above, sources told The Independent.
The police headquarters prepared the draft of the Bangladesh Police Act, 2013, and forwarded it to the home ministry recently. The draft comprises 11 chapters, 97 clauses and over 100 sub-clauses.
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 deputy secretary (police) Md Humayun Kabir, to prepare a new law. The committee would submit the draft of the proposed Act to the senior secretary of the home ministry after reviewing the Police Act, 1861, and the police draft within two months.
Inspector General of Police Hassan Mahmud Khandaker said the new law will strengthen policing activities. “We are hoping that the government will enact the new law for the greater interest of the police personnel,” he said.
“At the same time, the authorities are also trying to finalise the draft of the Police Ordinance, 2007,” the IGP added. State minister for home affairs Shamsul Haque Tuku said a decision will be taken after finalising the draft of the Bangladesh Police Act, 2013, by the six-member committee.
Critics of the proposed law said there was no need to hand over magistracy power to police officers. “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 proposed Act’s second chapter stated: “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) proposed that the government would 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 chief of police,” said 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) added.
According to Section 11(2), the police chief and IGs would have 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 reank of Asp and above.
Under Section 27, a second class 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).
“Police can take any person into custody to safeguard the life and property of people and police personnel,” said Section 21.
Section 14 stated: “The government can declare any area of Bangladesh as a ‘police district’, which will be headed by a superintendent of police (SP).”
Section 48 provided 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 to disperse or stop those if they violate law.
Section 75 said, “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 complain 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 of commitment of the crime 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 of notice with details of the complaint as per the civil law procedure.
Under Section 46, police officers can take a second job after taking 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 help desk 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, the complainants have to right to know the progress of the investigation and result of complaints, the proposed Act added.
-With The Independent input
