The government has given special executive magistrate powers to the army. Commissioned officers of the army can exercise this power.
In a notification of the Ministry of Public Administration on Tuesday, the army was given magisterial powers. It was informed that the army officers have got the power to enforce 17 sections of the Criminal Procedure Code (CRPC). The sections are 64, 65, 83, 84, 86, 95 (2), 100, 105, 107, 109, 110, 126, 127, 128, 130, 133 and 142.
Former Chief Public Prosecutor (PP) of Dhaka Metropolitan Sessions Court and criminal law expert Ehsanul Haque Samajee said that the executive magistrate has been empowered in the criminal procedure code. Commissioned officers of the Army can now exercise the powers of an Executive Magistrate as per the provisions of the CrPC.
What those sections of the CrPC say:
Section 64 of CrPC: It deals with offenses committed in the presence of Magistrate. This section provides that when the Magistrate finds that an offense is being committed before him, he may arrest or order the arrest of the offender.
Section 65 CrPC: This section deals with arrest by or in the presence of a Magistrate. Commentary to section 65, he can issue a warrant of arrest against him after taking him for trial. Or he can order his arrest.
Section 83 of CrPC: Commentary of this section, when a warrant of arrest is required to be executed beyond the local limits of the jurisdiction of the court, the court may send the warrant of arrest by post to the Executive Magistrate or Superintendent of Police or Commissioner of Police of the district without directing the police officer. That is, the court that issues the warrant of arrest can assign responsibility to the police officer to execute the warrant. And if the person to be arrested is outside the jurisdiction of the Magistrate, the warrant shall be sent to the Magistrate or Superintendent of Police or Commissioner of Police of the concerned area.
Section 84 of CrPC: This section lays down the provisions for execution of warrant of arrest in areas outside the jurisdiction of the Magistrate. According to Section 84, the Officer-in-Charge (OC) shall take the approval of the Magistrate or higher police officers of the concerned area for execution of warrant of arrest outside the area. If this authorization is given, it will be assumed that those who gave the authorization ordered the execution of the arrest warrant.
Section 86 CrPC: This section describes the procedure to be followed by the Magistrate after producing the arrested person before the Magistrate. According to section 86, the person arrested in the outer area after being taken into custody by the Magistrate and Police of that area shall be sent to the court which issued the warrant of arrest. Magistrate can make orders as per law regarding bail, bond etc.
Section 95 (2) of CrPC: This section provides that only Magistrates can direct postal or telegraph authorities to deliver documents to a specified person. At the same time, postal and telegraph authorities may conduct search or seizure of such items.
Section 100 of CrPC: This section provides for the rescue of those who have been wrongfully detained. This section provides that when a Metropolitan Magistrate, First Class Magistrate or Executive Magistrate has reason to believe that a person has been detained in such circumstances as to make the detention an offence. The Magistrate can then issue a search warrant for his arrest. If the detainee is found after the warrant search, he must be immediately produced before the Magistrate. He will give the necessary orders according to the situation.
Section 105 of CrPC: This section describes the provisions of search in the presence of a Magistrate. According to section 105 of CrPC, the Magistrate can order to search in his presence. The person may be physically present during the search of the place where he may order it to be searched.
Section 107 of CrPC: This section deals with maintenance of peace and good conduct. Commentary to section 107 of the CrPC, when the District Magistrate or any other Executive Magistrate is informed that any person may disturb the peace or disturb the public tranquility or do any act likely to disturb the peace, the Magistrate may, if he thinks so, May ask to show cause for bond of not more than one year for keeping the peace.
Section 109 of CrPC: This section lays down the provisions for the conduct of vagrants and suspected persons. According to section 109 of CrPC, when a District Magistrate or an Executive Magistrate receives information that a person is taking precautions to conceal his presence or has no apparent means of livelihood, the Magistrate may order the person to show cause for bail for a period not exceeding one year. That is, the section will apply, when a person is engaged in concealing the commission of a crime or has no apparent means of earning a living.
Section 110 of CrPC: This section deals with the behavior bond of habitual offenders. Commentary to Section 110 of CrPC, when a Magistrate comes to know, within his jurisdiction, habitual robber, housebreaker, thief or forger or receiver of stolen goods or harbors thieves or aids in concealment or transfer of stolen goods or habitually commits crimes like kidnapping, forcible recovery of property or attempts or assists or habitually commits or attempts or assists to commit an offense related to breach of the peace, may ask such person to show cause why such bond shall not be ordered for a term not exceeding three years. That is, those who habitually engage in repeated theft, robbery, kidnapping, fraud, the magistrate will take bond from them.
Section 126 of CrPC: This section describes the exemption of sureties. According to section 126 of the CrPC, a surety may at any time apply to the District Magistrate or any other Executive Magistrate for the cancellation of any bond executed for the peaceable conduct or good behavior of a person. On receipt of such application, the Magistrate may issue a summons or warrant of arrest for the appearance or production of the person for whom the surety is liable. That is, the surety on behalf of the accused has certain responsibilities. If he thinks that it is not possible for him to fulfill his duty, then he can apply to the court.
Section 127 of CrPC: This section lays down the provisions relating to the dispersal of public assembly by order of the Magistrate or the police. An Executive Magistrate or the OC of a police station may order the dispersal of an assembly consisting of five or more persons causing an unlawful assembly or disturbing the public peace.
Section 128 of CrPC: This section provides for the use of civil force to disperse public gatherings. Section 128 of the CrPC states that if the assembly does not disperse after being ordered to do so or if the determination not to disperse is evident, then the Executive Magistrate or the OC of the police station can proceed to forcibly disperse the assembly. The participants of the assembly can be detained or arrested.
Section 130 of CrPC: Commentary of this section, when an Executive Magistrate or Commissioner of Police decides to disperse an assembly by using military force, he shall be a commissioned officer of the Bangladesh Army or a non-commissioned officer who is in charge of an army unit of the Bangladesh Army, using military force to disperse the assembly. Can be used for dispersal and arrest and detention. If necessary, they can be arrested or detained to disperse the assembly or to punish them. That is, if the magistrate wants to disperse the assembly by force of the defense force, he can call the military officer. Military officers may arrest and detain those who disobey orders, as directed by the magistrate. But they will be very conservative in the use of force.
Section 133 of Cr.P.C.: This section provides that, when a District Magistrate or any other Executive Magistrate receives a police report or any other information that the public is or may be lawfully using- any path, river or canal from any place of public use or requiring the removal of a nuisance or the carrying on of any business or occupation or the keeping of any goods or merchandise injurious to the health or physical comfort of the local inhabitants, requiring the prohibition or regulation of such business or occupation or the removal of such goods or merchandise or the construction of a house or Any room, tent or structure or any tree is in such a condition that it may fall; likely to cause injury to travellers, requiring the removal of houses or tents or the removal or blocking of trees or requiring the fencing of a well, well or ditch near a path or place of public use to prevent danger to the public or the destruction, capture or other destruction of any dangerous animal If any distribution is necessary, the Magistrate may order the person causing the obstruction or nuisance or carrying on such trade or profession or keeping such goods or merchandise or the occupier of the house, tent or well to remove such obstruction.
Section 142 of CrPC: Section 142 of CrPC provides that if the Magistrate, while passing an order under Section 133, considers that immediate action is necessary to prevent serious imminent danger or harm to the public, he may, subject to settlement, take such measures as may be necessary to avert the danger or prevent harm against the person who It has been ordered, he will issue such orders. If the order is still disobeyed, the Magistrate himself shall adopt or adopt such means as he thinks fit to meet the danger or prevent the damage. No act under this section shall be civilly actionable against any act done by a Magistrate in good faith.
When asked about the matter, Professor Asif Nazrul, Adviser on Law, Judiciary and Parliamentary Affairs of the Interim Government, told Prothom Alo yesterday that the government is noticing that acts of sabotage and destabilization of the country are currently taking place in some areas, especially in the industrial areas. The army has been given magisterial powers to ameliorate emerging situations and deal with inaction. He further said that this power has been given for a limited period in the larger interest of the country. If the situation improves, the army will no longer need to perform such duties.
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