Badrul Huda Sohel :
Among the fourstate organs, sovereignty is considered the essential element as it is the ultimate power of a state, because by this power the state can establish legal authority over all individuals or institutions within it and can free the country from external invasion or interference.
The question of protecting sovereignty along with other organs through legal process bringsthe police department first in mind.
The discussion on police force remains exasperated if it goes without mentioning their contribution to the country’s War of Liberation.This is the force that initially formed the first armed resistance against the Pakistani soldiers in Rajarbagh.
Despite their contributory actions, why did the interim government, at this stage,form a reform commission forthe police department? Why is therea call for forming an independent police commission? Today’s article is an attempt to unlock the questions mentioned above.
Bangladesh Police, one of the key law enforcers of the country, is administered by the Ministry of Home under which a director general is working as a chief. Police department so far is being governed by the essence of the Police Act in1861, the act imposed by the British on this subcontinent for their interest.
Interestingly, even after 53 years of our liberation, a comprehensive police act for an independent sovereign state has yet to be seen. No matter what portion our country accepted from the colonial British police act as our needs, how much is it compatible with the police management of today’s Bangladesh? The act begotten from them was absolutely for tighteningthe British gripon this subcontinent.
The police act for a free-sovereign and democratic country like ours cannot be same as British Police Act. ‘Police are men’s attendants or police are the latter’s friends’- are the frequently talked words by our cops on various occasions. But truly, how much have we been able to reach the police or vice versa that complies with the statement mentioned above?
The fact is-when a commoner from a remote area wants to go to the police station for the purpose of lodging a case or a complaint, he or she does not feel relaxed going there alone.
A long-standing complaint against policemen is that they sometimes become reluctant to pay heed to a layman’s complaint. In such situations, it becomes customary for the complainants to try to get the help of local dignitaries or political heavy hitters to havethe attention of the police, and for which ordinary cases sometimes get politically biased.
Our history records that policemen in the past sacrificed their lives in our crises to protect the sovereignty of the country. They were noexception during the pandemicrisking their lives as frontliners.
So whyis the department thrown in an array of wrath during political governments at different times? Why would the governments try to hold their office by using police force as shields? It is not desirable that the police, assigned to ensure the safety of the life and property of the country’s citizens, should follow the policy of repression against the countrymen.
If a government or anyone else wants to practise arbitrariness by imprisoning democracy in a box, then it will pave the way for turning a country intoa police state, a state where government entities exercise an extreme level of control over civil society and liberties.
The formation of an independent police commission, therefore, is the call of time to free the police force from the unswerving intervention of the government.If we want to make the police mass-friendly in real sense, there should be modifications with changes in the prevailing acts with emphasis on the recruitment, posting, promotion, and demotion (reward and punishment) of policemen where all the functions should be controlled by a police commission.
The structures and powers of the commission should be such that no government, irrespective of political, caretaker, or interim, can affect the police commission and divert the responsibilities and duties assigned to them to other directions.
If the commission is formed inthe light of honesty, efficiency, and ethics, then arbitrariness in the police will eliminate on the one hand, and professionalism will reinforce on the other.
Tododge political intervention in the force and sustainneutrality in the process of formation of the police commission, the selection process of the members should be unquestioned. What may be the number of the members of the commission, a formation of it is proposed here that can help the process.
As a former stakeholder, a retired IGP or additional IGP of Police, any former chairman of the Human Rights Commission, any former top-rankingarmed forces official, a former chairman or director of the ACC, A criminologist, a former judge of the Supreme Court or a district judge, human rights activists, civil society representatives, senior journalists, and at least two women members can form this commission.
In selecting the members, their service track records should be judiciously scrutinized. No loophole can be left in the commission act to let the government engageanyone controversial to the commission.
The commission shall not be liable to anyone to ensure that it does not interfere with any department of the government. Bringing the police under professionalism with training, this commission will outline the responsibilities and circumference of work of a policeman.
Right after the fall of the Awami League government in the wake ofthe student-led mass uprising on August 5, we realized how much the law and order situation deteriorated apparently due to the police dormancy.
The police cannot be used to outrage political opponents under any political government in a democratic structure; rather, police need to remain free from political influence for the sake of peace and security of every citizen, regardless of party affiliation.
And, an independent police commission can show the way out of this situation. In order to run the police commission properly, a police commission act should be formulated in view of the reality.
This commission will do whatever it wishes to make the policemass-oriented. This commission will determine the accountability of the actions of the police, including dischargingand monitoring their duties and responsibilities, and if complaints are raised, the commission will investigate and take punitive measures against perverted ones taking help of ACC or anyother government entities.
However, considering the framework, there should be precision about the powers, functions and other related issues under the jurisdiction of the police act so that no conflict in laws can arise, complicating the ministry and the commission.The police commission will ensure that no member of the police is discriminated.
Wrath derives from discrimination and as the prior one is tantamount to fire concealed in ashes, it can flare up. The police should be given freedom to perform their duties. They should think that they are not puppets of anybody’s hands other than their department.
Assistant Professor and Head
Department of English
Ishakha International University