Can the police beat people at every little provocation?

A young man was standing and crying in front of a police officer. During questioning, he kept saying he knew nothing. At one point, he tried to grab the officer's feet.

In another incident, a young man had merely asked the police officer, "What happened?"

In response, he was severely beaten with a baton. He instantly fell to the ground due to the police's baton charge.

Two such videos made by some present individuals have spread on social media. The videos are of an anti-drug operation by the police at Suhrawardy Udyan on 23 February.

The operation was led by Deputy Commissioner (DC) of Ramna Division, Md Masud Alam.

Following this incident, questions have arisen about whether the police can detain or harass people under the guise of an anti-drug operation without specific allegations and evidence and whether they can assault anyone under any circumstances.

According to senior Supreme Court lawyer Sara Hossain, "The police cannot beat anyone. It is a crime to hit with a baton. Especially when the offence is not identified, they cannot detain anyone. There was no issue of police self-defence here, Even so, they were beaten with sticks. As police, you cannot simply resort to violence."

Regarding the 23 February incident at Suhrawardy Udyan, DC Md Masud Alam told Prothom Alo, "The police cannot beat. We do not want to beat anyone. But if someone breaks the law, they are not afraid unless given a hit or two. If the police speak politely, drug dealers and users will return the next day, thinking that the police won't do anything."

Masud Alam claims that in the Sohrawardy Udyan area, underage girls bring and sell drugs through local dealers.

He says that attacks also occur when raids are conducted. According to him, “The girls strip off their clothes to avoid arrest and create chaotic situations, even holding knives to their own children’s necks.”

A fresh controversy erupts from the operation. Newly elected government Education Minister Ehsanul Haque, an MP for Chandpur-1 constituency, said at a meeting with administrative officials at Kachua Upazila Parishad in Chandpur last Friday that teenagers roam around untimely at night.

When asked why they are wandering around, they launch a mob attack.

The minister said that just as the effort to start an exam-free programme began in Kachua, so will the drug-free campaign begin from Kachua.

Following this statement, 21 people were detained in a crackdown in Chandpur on Sunday, including at least 12 teenagers. At the same time, footage of an operation in Dhanmondi 32 and Suhrawardy Udyan in the capital showed several people being harassed.

After engaging in an argument with DC Md Masud Alam on 23 February at Suhrawardy Udyan, the young man subjected to police assault was a student of Dhaka University.

After the incident, university students held a human chain in front of the Raju Sculpture and a sit-in programme in front of Shahbagh Police Station. They made three demands, including taking punitive measures against DC Masud Alam and concerned police officers.

Rights activist and spokesperson for the new political platform Network for People’s Action (NPA), Ferdous Ara Rumi, told Prothom Alo that she has a 20-year-old son. She felt anxious about her child witnessing the random detention, assault, and harassment of youths by police for no reason.

Ferdous Ara Rumi stated that ensuring public safety through anti-drug operations is the police's responsibility.

They can't detain or harass teenagers and youths without evidence. The areas from which these detentions and harassments occur are open to the public, which is alarming.

DC Masud Alam said they have been conducting anti-drug operations in Suhrawardy Udyan long before the education minister's speech. At least 100 drug dealers have been arrested in the last two months, most of whom are women. The situation deteriorated because of the operation's pause during the election.

In response to a question, the police officer said there are many laws like the Criminal Procedure Code (CrPC) 1898, Penal Code 1860, and Evidence Act 1872 under which police can search and detain if they find someone suspicious.

Article 35(5) of the Bangladesh Constitution states that no person shall be subjected to torture or to cruel, inhuman, or degrading punishment or treatment.

Articles 2(1) and 4 of the United Nations Convention consider torture, cruel, inhuman, and degrading treatment and punishment crimes and call for legislation against them in their respective countries.

Based on this, the "Torture and Custodial Death (Prevention) Act, 2013" was enacted. Section 5 of this act gives the aggrieved person the right to apply to the court if they believe a fair investigation is impossible through the police.

Section 21 of the Narcotics Control Act, 2018 allows a competent official to search any public place, transit transport if it is believed that there is supporting evidence for drugs or narcotics-related offences.

The officer must record the reason and can detain and search a person if they believe someone is active in committing narcotics-related offences.

Thus, this law does not grant the right to search anyone at any time.

Sara Hossain said that under Section 86 of the Dhaka Metropolitan Police Ordinance, 1976, police can detain someone found suspicious between sunset and sunrise. Late Attorney General Hasan Arif had filed a writ on the validity of this section in 2004. The High Court prohibited arrests under Section 86. The government later appealed; the matter is still under judgment.

Additionally, the 'Vagrant and Shelterless Persons (Rehabilitation) Act, 2011' is used by the police against people roaming the streets and the poor. This law also faces criticism.

While Section 54 of the CrPC allows arrest without a warrant, it requires ''reasonable cause.''

Sections 46 through 53 describe the arrest procedure, prohibiting unnecessary force against individuals and ensuring the right to legal protection.

Legal experts argue that these laws do not give the authority to detain or assault ''any person, at any time.''