Human Rights Advocacy
Policing the police
Injustice anywhere is perilous threat to justice everywhere unless the former is dexterously redressed and adroitly curbed down. Recently the people of Bangladesh have observed with concern the awful spiraling of aggravating street brawl and intermittent killings of innocent masses by both turbulent agitators and trigger-happy police personnel. The grisly barbarity and marauding butchery have appalled the conscientious people ardently craving for a lull from this kingless turmoil. The world press is crying out obstreperously that we are on the border of fratricidal civil war. The agony of present time is that we have drifted away from the sacred humanity poetically articulated by a poet “the men of our days are not human”. The latest episodes of violence in which more than one hundred people have allegedly been killed have called the state endeavor to protect the human rights and to ensure the viable existence of dissension in question. These unprecedented killings by trigger-happy law enforcers have demonstrated that though there are many bright sides of police but their discredits are overshadowing their feats; become quasi back and call of ruling elites. The apex court of Bangladesh has rightly observed that the Police force is largely manned by untrained, ill-equipped and inadequately motivated personnel and thereby becomes an easy prey to exploitation by ruling elites [BLAST v. Bangladesh 4 BLC 600].
The chronic belief that a decisive use of force to suppress dissension is imperative to perpetuate the clinging to power is colonial in nature. Due to this outlook the police have emerged as ruling party's chief instrument in subduing the vibrant opposition. The excessive exploitation of police is accelerated due to the archaic law (the police Act-1861) and outdated regulations (the Bengal police regulations 1943) by which the police is administered. The Indian Supreme Court has directed the government to enact a new police Act reflecting the democratic aspiration of people [PrakashSingh v. union of India, W.P (civil) 310 of 1996]. The court was of the opinion that we cannot allow a dead hand of the past to rule over the living thoughts of the present.
To many policemen political independence means the resurrection of police Raj like the colonial legacy. To speak the truth with utter dejection that instead of being the benign friends of people they have emerged as abominable persecutor of the frail masses and sleazy sycophant of the powerful lobby.The lesson of history is that power corrupts the holders and absolute power corrupts them absolutely. This dictum comes true in the case of police who the Supreme Court stipulates is arraigned with every short of vice though some of them may be fabricated but if one of the incriminations is found to be true it is a shame for the nation [BSEHR v. Bangladesh 53 DLR1].
Recent statistics shows that 65 percent of police-work is kept busy with street-job that is defending dissension force and protecting VIPs where the rest is used for the service of general people. Every power held by police is a trust for the sake of public. The police are endowed with the powers not to thwart the administration of justice but to ameliorate the sense of justice. Every power implies discretion accompanied by obligation. The exercise of discretion shall be guided not by fickle caprice but by cogent sense of justice [Safiuzzman v. Bangladesh 56 DLR 324]. The heroic move to subdue the arbitrary powers of the police was brilliantly heralded by the Indian judiciary [D K Basu v. State of West Bengal- 1997 (1) SCC]. The apex court of Bangladesh has also come forward to repel the opaqueness and to ensure transparency in the police action [BLAST v. Bangladesh 55 DLR 363]. The court has echoed the long desired aspiration of people that the police is expected to be the utmost friend of all citizens not only in his dealings but also in his behavior and demeanor [Shahudul Haque v. State 58 DLR (AD) 150].
The innovation of life is the most sacred one guaranteed under Art.32 of our constitution. All other fundamental rights are standing on this precious cornerstone. The recent crackdown of law enforcers by the application of firearms has posed a massive blow to this first and foremost right. The application of fire arms is regulated by Bengal police regulations of 1943 permitting the application of lethal weapons only in three cases e.g. private defense, dispersal of unlawful assemblies and to effect arrest in certain situations (Regulation no -153). There is no gainsaying that right of private defense is available to the police but the police shall not inflict more harm than necessary [Regulation no-153(b)]. The Police is empowered to apply fire arms to disperse an unlawful assembly but this firing shall not be unleashed on mercurial sweet will but as a last resort [Regulation no-153(c)]. Police is required to give warning to the agitators of his intention of firing before pressing the trigger (Regulation no - 154). The law interdicts the firing at random and demands firing to be directed to specified targets and to cease as soon as the goal is actualized (Regulation no- 155). In a nutshell police need to remember that the right to life of the worst turbulent rioters may be devalued but not demonetized.
The writers are Students of Law, University of Dhaka.
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