The police once again expressed their dissatisfaction to home minister Asaduzzaman Khan over giving an authority to the Ansar forces to arrest criminals, search detainees and seize properties.
Police said such authority to the Ansar may create chaos and conflict between the two forces. The Asnar, however, said it would be difficult for them to carry out their duties unless they are given the authority.
The home minister held a meeting with the officials of both police and Ansar at the ministry on Tuesday amid the puja holidays, where both the forces highlighted their positions.
The Ansar Battalion Bill was tabled at the Jatiya Sangsad (national parliament) on Monday and was later sent to the concerned parliamentary committee for submitting a report after vetting within three days.
Prior to placing the bill in parliament, a 25-member team of police led by inspector general of police (IGP) Chowdhury Abdullah Al-Mamun met the home minister on Sunday and raised objections to it. Delegations of the Police Service Association and the Police Association were also present.
The home minister’s meeting with police and Ansar officials on Tuesday lasted for about 4 hours and 45 minutes, commencing at 3:00 pm. According to sources present at the meeting, nothing has been finalised as yet, and another meeting is likely to be held on Wednesday afternoon.
The decision on the bill will be finalised at the meeting of the parliamentary standing committee on Thursday. The government wants to pass the bill in the ongoing session.
Home minister Asaduzzaman Khan told Prothom Alo after the meeting that they had a long discussion on the Ansar Battalion Bill. Many things are being said that are not in the bill, and there will be further discussion on it.
“We hope to reach a solution after the meeting of the parliamentary standing committee,” he said adding, that several words will be omitted from the proposed bill to coordinate among the forces.
What does the bill say?
Section-8 of the Ansar Battalion Bill-2023 states the jurisdiction and authority to be exercised by a battalion member. The section stipulates that an Ansar battalion member shall, if an offence is committed in front of him/her while performing duties as stated in section 7, arrest the offender, with the approval of the superior officer concerned, and immediately hand him/her over to the police and, as the case may be, as per the directives of the judicial magistrate or the executive magistrate or the official concerned, will frisk the detainee; and enter any place, conduct a search and seize goods.
As per section 7 of the bill, Ansar forces, as instructed by the government, will carry out duties to ensure public security, facing disasters, providing security to important government offices, key point installations and VIPs, assisting mobile court, performing responsibilities as per the demand of the district magistrate to ensure safety of public lives and properties, assisting armed forces, Border Guard Bangladesh (BGB) and police, and carry out any other responsibilities as bestowed by the government.
Police, Ansar’s stance
Bangladesh Ansar and VDP (Village Defence Party) consist of three different forces. They are - Battalion Ansar, Ansar and Village Defence Party (VDP). The Bangladesh Ansar and VDP were operated under four separate acts of the 1995.
According to the home ministry, the headquarters of the Ansar and VDP sent a proposal to the home ministry in 2017, seeking to amend the laws to increase the authority of the Battalion Ansar. But that was put on hold in the face of the police’s objection.
Sources at the home ministry, police and Ansar said IGP Chowdhury Abdullah Al-Mamun, Ansar and VDP director general Major General AKM Aminul Haque, police’s Special Branch chief Md Monirul Islam, Dhaka Metropolitan Police commissioner Habibur Rhaman, DMP’s Detective Branch chief Harun Or Rashid and police’s Dhaka range deputy inspector general (DIG) Syed Nurul Islam were present at the unscheduled meeting on Tuesday.
At the meeting, police and Ansar officials highlighted their positions. Ansar officials placed a presentation highlighting what duties and authorities the Ansar battalions have been bestowed in line with the laws.
They said the Ansar forces need authority to detain suspects and search the detainees to perform their duties. They also said if the proposed law is passed with the provision of death penalty/lifetime jail without handing some authority, hidden unrest will arise among the battalions instead of peace.
It is to be mentioned that the proposed bill contains a provision on the death penalty/lifetime jail for rebellion in the force.
Police officials said if several forces have similar authorities to enforce laws, various problems, including misunderstanding and differences of opinions on setting accountability, as well as inter-force feuds may arise. If the police, for example, go somewhere to conduct raids and find Ansar members there doing the task, this may lead to conflict between the forces.
Bangladesh Police Service Association general secretary and Dhaka district’s superintendent of police Md Asaduzzaman told Prothom Alo on Tuesday that section-59 of the Code of Criminal Procedure (CrPC) authorises a person, who witnesses someone committing a cognizable offence can arrest the offender without a warrant. So, there is no need to give the authority to arrest anyone anymore. If the Ansar is given the authority to prepare seizure list, carry out searches and enter an establishment, legal complexities will arise.
Section-59(1) of the CrCP states any private person may arrest any person, who commits a non-bailable and cognizable offence, or any proclaimed offender, and without unnecessary delay, shall make over any person so arrested to a police officer, or, in the absence of a police officer, take such person or cause him to be taken in custody to the nearest police-station.
Sources of the meeting from the home ministry said the authority to frisk detainees, search people, and seize properties might be left out from the bill in the face of police’s objection. But the Ansar may be bestowed some authority in line with section 59.
* This report appeared in the print and online editions of Prothom Alo and has been rewritten in English by Hasanul Banna