Media warns about potential misuse of magistracy powers given to the army

Dhaka, Sep 19 (Representative) With Bangladesh’s interim government granting magistracy powers to commissioned army officers, a leading media outlet has described it as an “extraordinary measure” in keeping with the times but raised concerns over the wide scope of the powers and their potential “misuse”. The decision, which has came into effect immediately, enables army officers to act as executive magistrates across the country and exercise the powers that come with this position for the next 60 days. By using the powers, they can now arrest or order the arrest of suspected offenders, conduct searches, disperse unlawful assemblies, and can also use lethal force in extreme situations. “It is an extraordinary measure in keeping with these extraordinary times in the nation’s life… With police still largely absent on the streets and lingering concerns about various subversive and criminal activities, the army’s involvement in day-to-day law enforcement may seem like a necessary step to restore order,” Bangladesh’s English daily The Daily Star said in an editorial.

The paper, however, said the step also brings with it critical responsibilities and potential risks that needed to be managed carefully. The interim government led by Nobel laureate Muhammad Yunus took over on August 8, three days after the 16-year old Awami League government collapsed in the face of a bloody and intense student-led uprising and Prime Minister Sheikh Hasina fled to India. A wave of unrest had engulfed the nation after Hasina’s departure, with the morale of the police force being low. There were reports of widespread clashes, lynching and looting. The paper said though the unrest has “mostly subsided” the diminished capacity of the law enforcers was affecting police operations. However, the editorial said, “It is the wide scope of the powers and their potential misuse that have raised some concerns. …It is crucial to remember that such powers come with a heavy responsibility.

We, therefore, urge utmost caution and vigilance in their execution. “Going forward, the image and integrity of the armed forces, as well as citizens’ trust in them, will largely hinge on the proper and judicious use of their new-found authority. Any misuse could erode public confidence and lead to unnecessary confrontations with civilians,” it said. While emphasising that the measure should remain a temporary one, the paper cautioned that the deployment of the army with special powers “must not be seen as a replacement for the police or civilian authorities, but as a stopgap measure to address an extraordinary situation”. “The longer the army is tasked with fulfilling these duties, the greater the risk of blurring the lines between military and civilian functions. So, it is vital that the police force be fully operationalised as quickly as possible so that we can return to normalcy,” it said.