Bangladesh's interim govt gives Army magistracy powers

Dhaka: Bangladesh's interim government has granted magisterial powers to the Army for two months to improve law and order in the violence-hit country and prevent "subversive acts".

The Ministry of Public Administration issued a notification on the government's decision on Tuesday, saying it will be applicable with immediate effect.

The powers will be given to commissioned officers of the Army. The order will remain in force for the next 60 days.

Home Adviser Lt Gen (retd.) Md. Jahangir Alam Chowdhury said on Wednesday that the people will get the benefit of bestowing magistracy power upon the army, state-owned BSS news agency reported.

"Police officials who are yet to join the services, won't be allowed to join anymore," he said, adding that the "people of Bangla (Bangladesh) will reap the benefit of bestowing the magistracy power upon the commissioned officers of Bangladesh Army."

Responding to questions from the media after the closing ceremony of the basic training for 40th BCS (Ansar) officers and 25th batch sepoy recruits at the Bangladesh Ansar and VDP Academy in Safipur, Chowdhury said, "The Army has been given the magistracy power to ensure public service and maintain the law and order."

He said that the law enforcement agencies lack manpower and the magistracy power has been given to the Army to fill up the gap.

"Bangladesh Army is a disciplined and people-friendly force. The commoners have no problem communicating with them as well as taking help from them," he said in response to another question.

Section 17 of the Code of Criminal Procedure, or CrPC, which awards Army officers the status of special executive magistrates, says these officers shall be subordinate to the district magistrates, or deputy commissioners, bdnews24.com reported.

This authority including arrest and dispersal of unlawful rallies has been conferred upon commissioned officers of the Army.

In self-defence and extreme need, the officer can open fire, said an adviser to the interim government on Tuesday, The Daily Star newspaper reported.

"We are witnessing subversive acts and disrupted stability in several places, especially in the industrial areas across the country. Given the situation, Army personnel have been given magistracy power," Law Adviser Asif Nazrul said.

He added that he believed the army personnel would not misuse this authority.

Another adviser, requesting anonymity, said, "Police are yet to be properly functional. Subversive activities are taking place..."

Many police personnel in Bangladesh have been absent on the streets since the fall of the Sheikh 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 on demonstrators.

Following the attacks, Bangladesh Police Subordinate Employees Association announced an indefinite strike on August 6. The strike was withdrawn on August 10, following a series of meetings with the then adviser to the home ministry Brig Gen (retd) M Sakhawat Hussain. Still, many police officers remained absent from work.

Former secretary Abu Alam Mohammad Shahid Khan said considering the current law and order situation, the Muhammad Yunus-led interim government's decision is timely and necessary.

"I believe the move will lead to a visible improvement in law and order across the country," he said.

However, Veteran lawyer ZI Khan Panna disagreed with the decision.

"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," Panna was quoted as saying by The Daily Star newspaper.