During British period the police administration had two-fold functions. They were to maintain law and order to act for the prevention and detection of crimes to hold investigation for bringing the criminals to book for securing punishment through the court according to the law prescribed and simultaneously remain vigilant against and curb any movement for the liberation of the India, which was called by the British as terrorist movement. After the emergence of Bangladesh as an independent country on December 16, 1971 the police force was recognized and it assumed the role of a national police force.
Bangladesh Police as like as other police forces over the world is primarily responsible for the preservation of peace and order, protection of life and property of the people and prevention and detection of crime. The traditional role of police in Bangladesh has undergone significant change after the liberation. The role of police is no longer confined to maintenance of law and order and prevention and detection of crime.
To meet the need of an independent and developing country the police is now required playing a significant role in developing state and such kinds of activities by providing the basic security required for sustained economic growth of the country. Police also is contributing substantially in this field by keeping under control economic crimes which retreat the process of the development. It is further playing a vital role in dealing with insurgency in some areas of the country which impedes development activities and threatens the security of the state.
Besides the normal duties in preventing and detecting crimes the police are to face various terrorist activities of the miscreants such as snatching away of money and valuables from the innocent passerby beetling of vehicles plying in the road and display of fire arms by the unruly persons in the educational institutions highway of the city and also in the urban and rural areas. The police is found to be helpless in combating them as they are not equipped with modern weapons to cope with the situation and sometime they also become target of the terrorist activities. Therefore the police force are to be equipped with modern sophisticated weapon with proper training.
There are some limitations of police under different laws. If any police officer takes any statement from any person in the course of investigation then that statement cannot be used as evidence at any inquiry or trial of the court. Under the Evidence Act when a confession is given to a police officer in the absence of Magistrate, this confession is not admissible as evidence in a court according to the sections 25 and 26 of Evidence Act. In Criminal Justice System police contributes vitally through its activities which is conferred to them by different laws.
But there are some complaints against police for indiscriminate arrest of innocent person under section 54 of the Code of Criminal Procedure. Sometimes the Court sanctions police custody of the accused, for maximum term of 15 days, under section 167 of CrPC and the accused sometimes subjected to third degree methods in order to extra confession.
Right to Life guaranteed by many national and international instruments is one of the fundamental human rights. The Constitution of Bangladesh specifically and categorically enshrines some fundamental rights for the citizens and others, and guarantees their protection by the supreme judiciary of the country.
The Constitution prohibits any kinds of deprivation of life of a person without legal process and to ensure the due process of law it provides for establishment of judiciary in higher and lower level in the country. Article 31, 32, 33 and 35 Constitution and others existing penal laws ensure the fair practice of criminal proceedings through which an offender undergoes different stages from arrest to execution of punishment.
Extra judicial killing of an accused person by law enforcement agencies are completely evasive of existing criminal justice system which is set up to control crime, punish the offenders, prevent crimes, protect innocents, and to maintain a fair degree of cohesion and stability in the society. Executions of punishment without the mandate of law by the law enforcement agencies not only violate the rights of the accused but also diminish public confidence in the judiciary.
In a democratic system, extra judicial killing can never be a tool of curbing crimes in the society; rather this culture definitely creates an environment of violence which multiplies the offences in turn. By denying an accused's right to fair trial and right to defend in impartial and independent court of law, the State challenges the independent and impartial functioning of the criminal courts.
To prevent the society from militancy and terrorism, the criminal justice system should be emphatically considered as the sole forum for solution and criminal courts should strive to retain public confidence by proper functioning.The police force is not also free from attack and public criticism because of the highhandedness of some of them. There are instances of violation of human right by the police.
There are allegations of torture and harassment of innocent public while in police custody refusal to record FIR in genuine cases and faulty investigation impeding fair trial resulting in the acquittal of accused. There is no substitute of police administration in modern states and their existence is a necessity for the maintenance of public order peace and harmony in the society and their co-operation and assistance is also necessary for the court to hold trial and admonition criminal justice .
The police before the public it will be appropriate to take proper steps for raising the standard and increase the efficiency of the police by introducing training courses, setting up training institutes staff college and police academy. The police administration should be geared up equipped with modern sophisticated weapons strong enough to combat terrorism and the mischief mongers.
It is the bounding duty of the government of a modern state to provide security and safety to the life and the property of the citizen and the purpose can be served if the police administration is reorganized, revitalized, reoriented and reinforced but at the same time made answerable to a body free from and influence from any quarter. Let the police serve the better as a pride not as master. The integrity of a police officer must be above board.
The judiciary and the executive are the two organ of the state which are complements to each other and indispensible part of the legal aspects in society. The judges and police being the two component parts of the public administration must function and be allowed to function in co-operation with the people and in aid to the judiciary for the administration of justice and establishment of rule of law in the country which is the crying need of the day.
To fulfill the principal objectives of the police and to make them more effective guidelines should be provided to the police for preventive and service-oriented functions. Moreover, police should be provided proper knowledge regarding crime and criminal behavior under criminology and above all the performance of the police should be evaluated in every year by the government.
Lastly it may be said that government, local authorities, voluntary organizations, individual citizens and the police all can play an important role to establish a civil society where there will be no crime and common people will not fall in cruel torture. So it is time to bring changes and positive reformations of police to achieve the principal objective of police and in its mechanism.
Dr Forqan Uddin Ahmed is a Writer, columnist, researcher and Former Deputy Director General, Bangladesh Ansar & VDP
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