Privacy vs. Policing: Police searches raise legal questions
Md Zahirul Hosen :
A recent incident at Dhanmondi Lake has once again raised concerns about privacy and police overreach in Bangladesh. A video showing law enforcement officers aggressively searching pedestrians’ belongings has sparked nationwide outrage, highlighting tensions between security operations and individual rights.
Mohammad Palash, accompanied by his 15-year-old son Anik, was strolling near Dhanmondi Lake when several policemen stopped them and searched their bodies and belongings.
Palash said, “I am an ordinary worker and not involved in the politics of any party. Still, the police harassed me in this manner.”
The incident occurred on 22 February, just two days after the Education Minister’s announcement about monitoring teenagers at night. The video quickly went viral on social media, showing officers forcefully checking pedestrians’ phones, wallets, bags, and pockets without consent or explanation.
Authorities, however, defended such searches as part of their regular duties aimed at tackling drug-related activities in the area.
Experts said such conduct raises serious constitutional questions and undermines public trust in law enforcement agencies.
Masud Rana, Inspector (Operations) at Dhanmondi Thana, said, “The drive was initiated by the DMP itself. This operation is not being conducted on the orders of any particular education minister or home minister.”
He added, “We received information that after iftar, a group of people at Dhanmondi Lake are consuming cannabis, yaba, and heroin. That’s why we are checking their money bags and pockets.
“We also have information about a gang operating near the lake that is involved in drug trafficking and gambling.”
Responding to allegations that the police were checking mobile phones, he said, “We are not checking phones at the moment. However, to tackle gambling, we may check phones to identify gambling applications.”
According to the prevailing law, the police can conduct searches, but complying with some certain conditions.
Although search and arrest procedures historically followed British-era laws, the High Court in 2003 issued 15 concerning arrests without a warrant under sections 54 and 167 of the Code of Criminal Procedure.
In April 2016, the Appellate Division of the Supreme Court upheld these directives with certain modifications. These guidelines significantly limited arbitrary police powers.
Previously, mere suspicion of involvement in a crime could justify a search. However, under the 15 directives, suspicion alone is insufficient. Police must record specific reasons in the station diary explaining why they suspect a person of carrying illegal items, being an absconding accused, or preparing to commit crime.
Supreme Court lawyer Barrister Faran Md Araf told the New Nation that checking the personal belongings of individuals without their consent constitutes a violation of privacy, a fundamental right protected under the Constitution of Bangladesh.
“Article 43 of the Constitution explicitly guarantees the right to privacy of correspondence and other forms of communication.
“Additionally, Articles 27, 32, and 36 ensure equality before the law, protection of life and personal liberty, and freedom of movement, respectively.”
He added, “Together, these provisions form the backbone of a democratic society where citizens are safeguarded against arbitrary interference by the state.
Any search of personal items, including bags, wallets, or mobile phones, without a valid legal basis or court order undermines these constitutional guarantees.”
He further added that such actions not only breach the law but also erode public trust, infringe upon individual freedoms, and contravene international human rights standards, which emphasize that privacy is an inalienable right that cannot be disregarded for convenience or unverified suspicion.
Earlier, Education Minister Dr ANM Ehsanul Haque Milon on Friday said police will question teenagers found roaming the streets at night as part of efforts to curb what he described as “unwarranted roaming.”
“Teenagers must not roam the streets unnecessarily at night. If found outside late, police will question them,” Milon said.
