Army given magistracy power

The government last night gave magistracy power to commissioned army officers with immediate effect for 60 days in order to improve law and order.
The officers will act as executive magistrates across the country, said a circular of the public administration ministry.
An officer with magistracy power can arrest people and put them in custody. In self defence and extreme need, the officer can open fire, said an adviser to the interim government.
Explaining the rationale behind the move, Law Adviser Asif Nazrul said, “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.”
He added that he believed the army personnel would not misuse this authority.
Once the situation improves, there will no longer be a need for the army personnel to have magistracy power, he told The Daily Star.
Another adviser, requesting anonymity, said, “Police are yet to be properly functional. Subversive activities are taking place here and there while the army teams are not accompanied by a magistrate.”
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.
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.
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.”
As per the public administration ministry circular signed by Senior Assistant Secretary Jeti Pru, commissioned army officers will be able to deal with 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.
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”.