Dhaka, Bangladesh (BBN) - The government has given the power of special executive magistrate to the commissioned officers of the Bangladesh Army aiming to improve law and order situation of the country.
The eligible army officers will be able to act as executive magistrates across the country for the next 60 days, said a gazette notification issued by the Ministry of Public Administration last night.
The army magistrates will conduct their activities in respect of offences under Sections 64, 65, 83, 84, 86, 95(2), 100, 105, 107, 109, 110, 126, 127, 128, 130, 133 and 142 of the Code of Criminal Procedure 1898 (CRPC), the gazette added.
The eligible army officials are empowered to make arrests without the presence of an executive magistrate since they can exercise the power vested upon them under Section 65 of the CRPC.
According to the rule of the country, the army officials are not empowered to make arrest and open fire, if necessary.
In self defence and extreme need, the officers can open fire, explained an adviser to the interim government.
Due to the ongoing subversive acts and disrupted stability in several places, especially in the industrial areas across the country, the army personnel have been given the magistracy power, Law Adviser Asif Nazrul explained the justification behind the move.
He also expressed his hope that the army personnel would not misuse their power.
Once the situation improves, there will no longer be a need for the army personnel to have magistracy power, the law adviser added.
Police are yet to be properly functional; another adviser preferring anonymity elaborated the rationalization of empowering the army personnel with magistracy power.
The subversive activities are taking place in many places while the army teams are not accompanied by a magistrate, he added.
This is an unusual situation and the number of law enforcers is inadequate, the adviser said, adding that this is the first-time army officers have been given this power.
However, army officers in the past did not need this power because they were deployed under the emergency rule or martial law which by default gave them the power.
Moreover, the army, along with other armed forces, has been conducting a joint operation to recover looted arms and ammunition from police stations, outposts and other security establishments since 4 September.
Lt Col Sami-Ud-Daula Chowdhury, director of the Inter-Services Public Relations (ISPR), said, "We have given the order and will work accordingly."
As per section 12 (1) of the Code of Criminal Procedure, 1898, under which the power has been given, the government may confer upon any person all or any of the powers conferred or conferrable by or under this Code on an Executive Magistrate in respect of particular cases or a particular class or classes of cases, or in regard to cases generally in any local area outside a metropolitan area.
Police have been largely absent on the streets since the fall of the Hasina-led government on August 5 amid a mass uprising.
Before and immediately after the ouster of Hasina, police faced unprecedented public fury as mobs set fire to their vehicles and properties and ransacked police facilities in reprisal for the law enforcers' use of excessive force, including lethal weapons, on demonstrators, reports The Daily Star.
Members of the force, mainly responsible for maintaining law and order, are still suffering from a serious lack of morale because of a fear of getting withdrawn, transferred, sued, and even arrested.
According to police sources, over 450 police stations out of 664 were attacked, and some of the establishments were set on fire by mobs.
Following the attacks, Bangladesh Police Subordinate Employees Association announced an indefinite strike for the sake of their security on August 6.
The strike was withdrawn on August 10, following a series of meetings with the then adviser to home ministry Brig Gen (retd) M Sakhawat Hussain.
Many officers went into hiding after August 5 and remained absent from work.
A total of 187 police members were absent from August 1 to yesterday, according to the Police Headquarters.
In recent weeks, there were reports of mob violence at different institutions, places, and attacks on minorities and shrines.
Officials from the Ministry of Public Administration and the Ministry of Home Affairs revealed that magistracy powers are applied in various important public matters, such as maintaining law and order, ensuring free and fair elections and others.
Contacted, former secretary Abu Alam Mohammad Shahid Khan said considering the current law and order situation, the decision is timely and necessary.
"I believe the move will lead to a visible improvement in law and order across the country," he said.
Veteran lawyer ZI Khan Panna said late presidents Ziaur Rahman and HM Ershad previously gave magistracy power to the army.
"It is not right. Has the government lost confidence in the magistrates? It is not right for army personnel to perform magistrate's duties under the deputy commissioners. It would not be wise to mix army personnel with the general public," he told The Daily Star.
"What if it tarnishes the army's image? We want their image to remain shining."
Section 64 gives an executive or judicial magistrate the power to arrest without warrant when an offence is committed in the magistrate's presence. Within their jurisdiction, the magistrate may arrest or "order any person to arrest the offender, and may thereupon, subject to the provisions herein contained as to bail commit the offender to custody".
BBN/AN/AD