Special Powers Act: Democratic commitment questioned

EditorialProthom Alo illustration

The arrest and subsequent imprisonment of model Meghna Alam under the controversial of Special Powers Act has sparked widespread debate, criticism and concern. At a time when the public, under an interim government, aspires for democratic transformation, the application of the Special Powers Act appears deeply troubling.

On Wednesday night, the Detective Branch (DB) of the Dhaka Metropolitan Police attempted to arrest Meghna Alam from her residence in Bashundhara, Dhaka. At the time, she was live on Facebook.

Police forcefully entered into her house and took Meghna Alam into custody. Initially, both the local police station and the DB police denied any involvement, raising fears that she might have been abducted.

After being taken from her residence on Wednesday night, Meghna Alam was not produced before the Chief Metropolitan Magistrate (CMM) court until 10:30 PM on Thursday.

She was then remanded in custody for 30 days under the Special Powers Act and sent to prison. Notably, the police did not provide any official statement regarding her detention or whereabouts during the nearly 24-hour period prior to her court appearance.

On Friday, the Dhaka Metropolitan Police (DMP) made a post on their official Facebook page regarding the arrest of Meghna Alam. In the post, the DMP denied the allegation of abduction stating, “Meghna Alam has been taken into protective custody following all legal procedures, on charges of engaging in activities that threaten national security, spreading falsehoods about important individuals in an attempt to deteriorate inter-state relations and conspiring to cause economic harm to the country.”

Meanwhile, according to a report by Prothom Alo citing multiple sources, model Meghna Alam had a friendly relationship with the ambassador of a powerful Middle Eastern country stationed in Bangladesh. However, tensions later arose in that relationship. As a result, Meghna Alam may be taken into preventive custody.

No specific case has been filed against Meghna Alam. She has been detained under the Special Powers Act. This act remains one of the most controversial and criticised laws in the history of Bangladesh.

Its scope is so broad that individuals may be arrested and imprisoned without any specific charges. The law was enacted in 1974 under a particular political context and has, over the years, often been used to suppress opposition parties – an allegation raised on numerous occasions.

In the past, the Special Powers Act has predominantly been used against political activists. Its application to ordinary citizens is rare. Therefore, using this law against a woman on grounds of allegedly endangering national security appears to be a misuse of authority.

International human rights organisation Amnesty International has expressed grave concern over Meghna Alam’s arrest and subsequent imprisonment. This incident could negatively impact the government’s image in the international area.

The manner and procedure through which Meghna Alam was detained and sent to prison highlights a significant lack of transparency and accountability within our law enforcement agencies regarding the protection of civil liberties. It also raises serious questions about the credibility, humanity and democratic commitment of the state apparatus in Bangladesh.

It is particularly notable that several human rights advocates are currently serving as advisers to the caretaker government. The implementation of the Special Powers Act during their tenure is profoundly disheartening.

It is difficult to believe that they are unaware of how this law poses a threat to democracy, human rights and the rule of law. A strong appeal is therefore made to the government to repeal the Special Powers Act as soon as possible.

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