A bill has been tabled in the Jatiya Sansad (national parliament) to increase the powers of the Battalion Ansar force. This move has been made at such a time and the members of the Battalion Ansar force have been given such powers that it is a matter of concern. In fact, it indicates certain plans of those in power in connection with the approaching election. There are all indications that this well may be considered as part of a plan to spread fear and alarm as opposed to free and fair elections.
The ‘Anwar Battalion Bill 2023’ placed in parliament on Monday, gives members of the Battalion Ansar force the power to detain criminals with the approval of superior officers.
Section 8 of the proposed bill states that an Battalion Ansar member shall, if an offence is committed in front of him/her while performing, 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.
If this bill is passed, the members of the Battalion Ansar force will have the same powers as the police. The draft of this law had been proposed in 2017, also giving them powers to carry out investigations like the police. That had been rejected at the time on the contention that this would make the Battalion Ansar a force parallel to the police. That contention is not being taken into cognizance anymore.
In the meantime, senior officials of the police have informed the government of their objection, in consideration of their powers and interests (Ajker Patrika). This measure would mean that an auxiliary force would have the same powers no less than that of the police.
There are 6.1 million (61 lakh) members of the Ansar and VDP. According to the proposed bill, the members of the Battalion Ansar would be given these powers. According to the law, the Battalion Ansar is an auxiliary force and is said to be one of the largest auxiliary forces in the world.
One once during the Pakistan rule and once in independent Bangladesh was an auxiliary force given such powers. On 2 August 1971 during the liberation warm the ‘East Pakistan Razakar Ordinance’ was promulgated, abolishing the Ansar force and forming the Razakar force. While the Razakar force began functioning as a paramilitary force from 2 August 1971, on 7 September 1971 members of this force were brought under the Pakistan armed forces.
After independence, a paramilitary force was created in 1972. On 1 March 1972 the Rakkhi Bahini was formed by presidential order, but was functioning retrospectively from 1 February. After martial law was declared in 1975, an ordinance was declared on 9 October dissolving the Rakkhi Bahini and assimilating its members into the army.
The context of forming these two paramilitary forces was different. Unfortunately, it has been seen from history that when the members of such forces are given powers outside of the general law, this creates alarming circumstances for the common people.
It would not be surprising if the government offered the argument that the Battalion Ansar are trained and prepared. Such arguments are hardly reassuring as there are questions as to how far the actions of Bangladesh’s law enforcement agencies are controlled by the law. Glaring evidence of this lies in the history of RAB, known as the elite force of Bangladesh.
Allegations of violating human rights are often raised against the police, but the system of investigating these matters fails to stop them from such violations. The Torture and Custodial Death (Prevention) Act, 2023 was passed, but that hardly yielded any results. The manner in which the Digital Security Act has been used also proves that the shelter of the law benefits those in power. So very naturally, it is a cause for concern as to what may occur if a paramilitary force is given extensive powers and legal impunity.
This law is giving a force the authority to frisk and detain anyone, and also the right to enter any premises. And the law is being enacted at a time when there is less than three months for the election. We are aware to an extent that the government had been more or less prepared from beforehand for such a law.
A report published in May 2022 stated that work has been undertaken to strengthen the Battalion Ansar and it was also said that separate ordnances were being set up in 40 districts for this force. If modernisation of the force is the objective behind such measures, then the question is why couldn’t the government wait to do this after the election? What is the reason to hurriedly place this bill in the last session of the 11th parliament.
We know about the presence of this force at the polling centres during the election. While raising this bill, law minister Anisul Huq mentioned that that his force has extended their cooperation during the 2014 and the 2018 election. But bestowing this force with the powers to detain, frisk, seize and take such actions, not only is a message being delivered to the activists of the opposition parties, but to the common people too.
Given what is going on with the law and in the courts, there is no scope to separately view this legal process to step up the powers of the Ansar Battalion members. Over the past decade fictitious cases have been brought up against the leaders and activists of the opposition and they are being arrested. But these actions seem to have gained a fresh impetus now. Over a decade, old cases have been revived and these are being tried in a hasty manner. Trials are even being carried on into the night. (Daily Star). The police have been ‘instructed’ to give ‘due’ testimony to accelerate the case procedures. (Bangla Tribune).
There is no explanation of how Shah Alam, a resident of Gandaria who died of heart ailment in December last year, was supposed to have attacked Awami League activists and hurled a bomb at them in August this year
Details have recently been published on a short ruling that was published five years ago about who will not be able to take part in the election (The Business Standard). This ruling will probably be taken up to the Appellate Division, but it would hardly be realistic to imagine that it will be settled before the election.
There is no room for doubt that most of these cases that have suddenly gained momentum are ‘fictitious cases’. Year after year the media has published innumerable reports about such cases. There is no explanation of how Shah Alam, a resident of Gandaria who died of heart ailment in December last year, was supposed to have attacked Awami League activists and hurled a bomb at them in August this year (Prothom Alo).
The provision of new powers to the Battalion Ansar force along with all these incidents make it clear that the actual motive is to throw the opposition men into prison before the election and to strike fear in the people. It is obvious what sort of election can be held under such circumstances. Those in power also want the people to understand this and so are not choosing to be convert about it.
* Ali Riaz is a distinguished professor of the Department of Politics and Government at the Illinois State University in the US, nonresident senior fellow at the Atlantic Council and president of the American Institute of Bangladesh Studies
* This column appeared in the print and online edition of Prothom Alo and has been rewritten for the English edition by Ayesha Kabir