Restrict metropolitan police commissioner's power in prohibiting rallies, reform commission suggests

The Police Reform Commission (PRC) has suggested restricting the authority of police commissioner to prohibit people's right to hold assemblies or processions as the majority of respondents in a survey have considered such rights as vital for flourishing country's democratic environment.

"Some 71.2% respondents want to change this provision of the police administration to sustain the rights of holding assembly or procession to flourish the country's democratic environment," according to a recent public survey conducted by the PRC.

In accordance with section 29 of the Dhaka Metropolitan Police Ordinance, 1976, the police commissioner may, by order in writing, prohibit any assembly or procession whenever and for so long as he considers such prohibition to be necessary for the preservation of the public peace or safety: provided that no such prohibition shall remain in force for more than thirty days without the sanction of the government.

Although there is no provision for obtaining prior permission for holding an assembly or procession in the ordinance, prior police permission is required in this respect.

As many as 24,442 individuals took part in the survey and 17,411 want amendment to the provision while 7,031 (28.8%) do not want any change to the provision.  

Some 51.8% respondents have considered taking prior permission for holding rallies from the metropolitan police commissioner as an adversary of the basic rights as Article 37 of the Constitution has guaranteed holding assembly and procession as basic rights.

However, 37.4 respondents have expressed their disagreement while 10.8 percent are doubtful or hesitant about the opinion.

The public survey titled "What kind of police do we want (kemon police chai)" was carried out in the wake of recent criticism in Bangladesh and around the world about the violent role of some police personnel in suppressing the anti-discrimination student movement.

To that end, the interim government formed the "Police Reform Commission" to reform the police force.

In replying to a question on how the allegations of human rights violation and misuse of power by police should be investigated, 60% of 24,442 the people taking part in the survey, recommended forming a complete investigation commission to pursue the matter.

While 20% of them have suggested the formation of a permanent investigation commission led by a retired justice of the High Court division and 20% wanted to investigate the allegation by the National Human Rights Commission by amending the relevant law of 2009.

The country needs a law-abiding, corruption and politically influence-free independent police to maintain law and order equally for the people irrespective of their identity, the survey said.

"Some 89.5% people opined to stop use police force for political purposes and 77.9% want police not to indulge in corruption by misusing power," it also said.

Apart from these, 74.9% opined to bring police under accountability for violations of rights that include enforced disappearances and extrajudicial killings.

The survey is now available on the website of the PRC (www.prc.mhapsd.gov.bd), according to a press release of the home ministry.

PRC has received recommendations from 24,442 individuals of different sections following its request to submit their opinions by 15 November.