India

Bangladesh interim government empowers army with police and magisterial roles

Section 17 of the CRPC offers the Army with a special executive magistrates, requiring them to operate under the supervision of district magistrates or deputy commissioners.

The Bangladesh interim government, led by Muhammad Yunus, has granted the military special executive magistrate powers across the country, effective immediately. This new directive allows qualified army officers to serve as executive magistrates under the oversight of district magistrates for the next 60 days, according to a gazette notification from the Bangladeshi Ministry of Public Administration.

Bangladesh Sangbad Sangstha (BSS) reports that these army magistrates will be responsible for handling cases related to offences under various sections of the Code of Criminal Procedure 1898 (CRPC).

Bangladesh interim government
Image Source: Grameen Foundation

Impact of the Bangladesh Interim Government’s Military Empowerment on Civil Policing

This order is viewed as an effort to strengthen the Army’s role in managing administrative and policing responsibilities, particularly in areas plagued by violence. The directive, issued by the Ministry of Public Administration, does not specify if it applies at the district level but indicates that it is applicable throughout “entire Bangladesh.”

Section 17 of the CRPC offers the Army with a special executive magistrates, requiring them to operate under the supervision of district magistrates or deputy commissioners. An adviser to the interim government has stated that these commissioned Army officers are now authorised to make arrests, disperse unlawful gatherings, and use force if necessary for self-defence or in extreme situations.

Law Adviser Asif Nazrul emphasised, “We are witnessing acts of disruption and instability in various regions, especially in industrial areas. In response to these conditions, Army personnel have been granted magistracy powers.”

Previously, the Army lacked the authority to make arrests without the presence of an executive magistrate. However, with the new order, the Army is now empowered to carry out arrests independently.

Since the fall of the Sheikh Hasina government on August 5, policing in Bangladesh has faced significant challenges. The removal of the government has led to increased public anger against the police, who have been targeted for their role in suppressing anti-Hasina protests.

Following the attacks, the Bangladesh Police Subordinate Employees Association initiated an indefinite strike on August 6. The strike was called off on August 10 after discussions with Brig Gen (retd) M. Sakhawat Hussain, former adviser to the home ministry. Despite the end of the strike, many police officers continued to be absent from their duties. Former secretary Abu Alam Mohammad Shahid shared his views and said given the current law and order situation, the decision by the Muhammad Yunus-led interim government is both timely and essential.

Recent weeks have seen reports of increased mob violence, attacks on Hindus and other minorities, and assaults on their places of worship. The Yunus-led interim government has faced challenges in effectively addressing these issues.

You might also be interested in – Bangladesh interim government urges Hindus to halt Durga Puja activity during Namaz

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