Bangladesh News

The armed forces start election duties today with unprecedented authority to arrest anyone at any place without a warrant until January 29, but legal experts questioned the decision to give them the power without amending election laws.

A home ministry circular said the armed forces, which will act as mobile and strike forces, may also be deployed at polling stations if necessary, sources said.

The Election Commission (EC) for the first time allowed the army, navy and air force to exercise the power of blanket arrest in addition to the authority they already have–arresting anyone without a warrant within the 400-yard radius of a polling station on the polling day.

“The armed forces have been given the power to do everything required to maintain law and order for holding the election,” Acting Chief Election Commissioner (CEC) Justice Mahfuzur Rahman yesterday told reporters.

Asked why the armed forces have been given the power of blanket arrest so early this time while they were given the authority only on polling day in 2001, he said, “Is the present situation same compared to the previous election?”

Legal experts said the armed forces cannot be given the immense authority without amending the existing election laws.

“Without amending the election laws or relevant provisions in the code of criminal procedure, the armed forces cannot be given the authority to arrest anyone at any place without a warrant,” former election commissioner Justice Naimuddin Ahmed told The Daily Star yesterday.

He hoped that the EC will initiate move to amend the existing laws if it wants the armed forces to have such authority.

When contacted, EC Secretary Abdur Rashid Sarkar told The Daily Star that the existing laws allow the armed forces to arrest anyone at any place without a warrant if he or she commits any offence under election laws.

He said the EC consulted with the law ministry before taking the decision.

Asked if the armed forces can be given such authority, Home Secretary Abdul Karim said the EC asked the ministry to implement the decision. “We will issue a circular in the light of the Election Commission decision,” he said, declining to make further comments.

Earlier on January 3, a home ministry circular said the armed forces would be deployed across the country at 6:00pm on January 10 and they will be in the field until January 29.

About 60,000 troops will be deployed to ensure law and order for holding the election.