Magistracy Powers: What the Army Can Do

Rtv News

Publish : 18 Sep 2024, 08:50 AM

Photo: Collected

The government has granted the military special executive magistrate powers throughout the country, including in the capital. This information was announced in a notification issued by the Ministry of Public Administration on Tuesday (September 17). From the time of the notification's issuance, commissioned officers of the army will be able to exercise these powers for the next 60 days across the country.

According to the notification, under Section 12(1) of the Code of Criminal Procedure, 1898, commissioned officers of the Bangladesh Army have been granted executive magistrate powers.

This grants the military powers under 16 sections of the Code of Criminal Procedure, including Sections 64, 65, 83, 84, 86, 95(2), 100, 105, 107, 109, 110, 126, 127, 128, 130, 133, and 142. Under these sections, military officers will be able to exercise their magistracy powers in cases of crimes committed. However, these executive magistrates will perform their duties under the supervision of the district magistrate or deputy commissioner.

The powers under these sections of the law include:

Section 64: Allows the executive or judicial magistrate to arrest and grant bail if a crime is committed in their presence. Army officers, now acting as executive magistrates, will be able to arrest offenders immediately if crimes occur in front of them during duty.

Section 65: Grants the power to arrest or issue arrest warrants in their jurisdiction. Army officers will be able to arrest suspects even if a crime is not committed in their presence.

Section 83: Allows for the execution of arrest warrants outside their jurisdiction. Army officers will be able to enforce arrest warrants anywhere in Bangladesh, and as per Section 84, they can direct the police to enforce warrants outside their jurisdiction. Section 95 allows them to use postal or telegraph authorities for transmitting warrants or documents.

Section 100: Grants the power to search any location to rescue an illegally detained person. Army officers will be able to search places where they believe a person is kidnapped or unlawfully confined.

Section 105: Allows the issuance of search warrants for conducting searches in their presence.

Section 107: Powers necessary for maintaining peace.

Section 109: Powers necessary for ensuring the good behavior of vagrants and suspected persons.

Section 110: Allows the army officers to take security bonds from habitual offenders for good behavior.

Section 126: Allows the cancellation of security bonds and the issuance of summons or arrest warrants for those who fail to ensure good conduct.

Section 127: Grants the authority to disperse unlawful assemblies of five or more persons. This means that army officers, acting as executive magistrates, will have the power to disperse any illegal assembly.

Section 128: Allows the use of civilian forces to disperse assemblies. Army officers can request police or other civilian forces to assist or issue instructions.

Section 130: Allows them to assign military commanding officers to disperse gatherings.

Section 133: Allows for orders to control local nuisances in specific cases.

Section 142: Grants the power to issue immediate orders in cases of public nuisance.

In addition to these powers, the government and district magistrates can authorize any executive magistrate to conduct mobile courts under the Mobile Court Act, 2009. Under this law, the executive magistrate can consider crimes committed in their presence or those revealed at the scene. After the accused confesses, the magistrate can punish the offender according to the law, though imprisonment cannot exceed two years.

Follow google news channel to get RTV news Google News

Related More News

A Wave of Protest at Shaheed Minar, Demanding Hasina's Execution

A massive crowd has gathered at the Central Shaheed Minar in Dhaka in response to the "March for Unity" program organized by the Anti-Discrimination Student Movement. Students and citizens are demanding the execution of Sheikh Hasina and those involved in the July-August massacres. On Tuesday (December 31) afternoon, the Central Shaheed Minar and its surrounding areas were flooded with people carrying banners from different districts and sub-districts, assembling at the iconic site. The Dhaka University area has turned into a sea of people. Revolutionaries from outside Dhaka have been seen stationed at the Shaheed Minar and nearby areas since the morning. During the demonstration, chants like "Death, death, we demand death! Execution for the killer Hasina!", ''My brother lies in the grave; why are the killers free?", "Delhi or Dhaka, Dhaka-Dhaka!", "Abu Sayed Mugdho – the war is not over," "Slavery or freedom? Freedom! Freedom!", and "No to subservience, yes to the streets!" echoed throughout the gathering. Speakers at the event stated, "The stains of our martyrs' blood have not yet dried, yet some are trying to rehabilitate the authoritarian regime. Whenever we aim to permanently rid the country of fascism, some individuals and groups disguised as civil society stand in opposition. If necessary, we will resist them as well." Injured participants from the uprising were also present at the program. Earlier, the Anti-Discrimination Student Movement announced plans to release the "July Proclamation" after the uprising. However, the organization withdrew this decision after the government declared its intent to issue the proclamation.

CA Pays Tribute to Late US President Jimmy Carter and Indian Ex-PM Manmohan Singh

Chief Advisor Professor Muhammad Yunus paid rich tribute today to former US President and fellow Nobel Laureate Jimmy Carter who passed away earlier this week. He also wrote a message in the condolence book opened at the US Embassy in Dhaka. Earlier, while arriving at the Embassy, US Charge d'Affaires Megan Bouldin received the Chief Advisor. Professor Yunus spoke briefly and shared his memories with his long-time friend late President Jimmy Carter. The Chief Advisor recalled the memory of the late President Carter as a global champion of human rights, democracy and peace and lauded his contributions to deepening bilateral relations between Bangladesh and the United States. Earlier to the Chief Advisor, Professor Muhammad Yunus signed the condolence book with a message at the Indian High Commission in Dhaka expressing his profound grief on the sad demise of the former Prime Minister of India Dr. Manmohan Singh. The Chief Advisor placed flower petals at the portrait of the late Dr. Manmohan Singh. At the Indian High Commission, the Chief Advisor was received by the High Commissioner of India H.E. Mr. PranayVerma. At this time, Professor Muhammad Yunusreminiscedhis longstanding relations with his friend Dr. Manmohan Singh.

March for Unity / Family Members of Injured, Martyred Gather at Shaheed Minar

At the call of the Anti-Discrimination Student Movement, students, citizens, and families of the injured and martyrs of the uprising are gathering at Shaheed Minar to join the "March for Unity." Since Tuesday (31 December) morning, people from various parts of the country have started assembling at the Shaheed Minar area. During the gathering, students and citizens chanted slogans such as "Why are the killers free while my brothers are in the grave?" "Delhi or Dhaka, Dhaka," "Injustice will be swept away in a flood of blood,” “Abu Sayed, Mugdho, the battle is not over yet," and "Hang the killers, hang Hasina." Some were seen holding banners, placards, and flags as part of their preparation. Students and citizens from districts such as Chattogram, Natore, Panchagarh, and Sirajganj arrived early in the morning and took positions around Shaheed Minar and Dhaka University. Various groups of students were seen gathering in and around the Shaheed Minar. Many revolutionaries were also seen seated in chairs in front of it. Incidentally, The Anti-Discrimination Student Movement had planned to read out a declaration of independence at Shaheed Minar today. However, an announcement from the interim government that they would read the declaration confused whether it would be read out today. In such a scenario, the Anti-Discrimination Student Movement held a press conference at their office in Banglamotor, Dhaka, at around 1:45 am on Monday (30 December). They announced that the “March for Unity” program would be held at 3 pm on Tuesday (31 December) at the Central Shaheed Minar.

Hasina Viewed Religious Scholars as Threats: Sarjis Alam

During the July-August mass uprising, the Bangladesh Islami Chhatra Shibir played a significant role as comrades by being present on the streets, providing advice, and assisting in critical steps. Sarjis Alam, the chief organizer of the National Citizens' Committee, made this statement while attending the member conference of Chhatra Shibir at Suhrawardy Udyan in the capital on Tuesday (December 31). He said, "No one can suppress the truth forever. It is only a matter of time before the truth comes out. From our position, we always want to speak clearly. Over the past 16 years, Sheikh Hasina has labelled and played the blame game against anyone she considered a potential threat to her power. This game has claimed the lives of many innocent people. Sheikh Hasina even viewed religious scholars as threats and attacked, sued, persecuted, and killed them." This prominent organizer of the anti-discrimination student movement further stated, "Bangladesh Islami Chhatra Shibir and many other individuals and organizations faced severe challenges under Sheikh Hasina's rule, which made it nearly impossible for them to live freely in independent Bangladesh. From our perspective, we want to say one thing: many of the narratives Sheikh Hasina tried to present about you and others are no longer believed by the current generation of Bangladesh. The present generation has enough conscience to identify and expel fascists." He also added, "The way we worked hand in hand, shoulder to shoulder, and even at the planning table, we will continue to work unitedly in the future, prioritizing the country's interests above all to build the Bangladesh of tomorrow."

CA Pays Homage to Manmohan Singh at Indian High Commission

Today, Chief Adviser Professor Muhammad Yunus paid rich tribute to former Indian Prime Minister Manmohan Singh, who died last week. Prof Yunus visited the Indian High Commission and placed a wreath at the portrait of the late Indian ex-prime minister. He also wrote a message of mourning in the condolence book opened at the Indian Mission. India is observing a seven-day mourning for its late former premier. Indian envoy Pranay Kumar Verma received Dr Yunus at the High Commission at Baridhara here at 11:30 am. The chief adviser spoke briefly with the high commissioner and shared his memories with his long-time friend Manmohan Singh. "How simple he was! How wise he was!" he said, recalling his friendship with the late Indian former prime minister. Dr Yunus also said that Singh played a big role in turning India into a global economic giant.