The law enforcers must be imparted upgraded skills, given financial incentives and allowed to conduct themselves in a way that would ensure their accountability.

The observations came at a roundtable discussion on Draft Bangladesh Police Ordinance, 2007. A number of former inspectors general of police (IGPs), Attorney General Fida M Kamal, Dhaka Metropolitan Police Commissioner Nayeem Ahmed, legal experts and rights activists took part in the programme organised by The Daily Star at its conference room.

The discussants lauded the government initiatives to bring reforms in the police, but noted that a national consultation should be held on the draft ordinance and recommendations considered for incorporation.

Former IGP Mohammad Nurul Huda said the police should have a vital role in supervising themselves so they could be more accountable and independent.

"If we want a responsible police force, we must allow them authority on various matters including the financial affairs of the organisation," he said adding that he hopes the national police commission that has been proposed in the draft would help to that end.

Slating the provision of having police on duty for 24 hours under the Police Act 1861, Huda said they are meant to uphold human rights, "but how come they do that when their minimum rights are not honoured."

Citing an example, he said there are 1,500 policemen to ensure security in the city's diplomatic zone; whereas one third of those are enough if they were well-equipped. He questioned the size of the budget for training of the police.

Focussing on the functional and pro-people role of the police, Attorney General Fida M Kamal said their job is not only to maintain law and order, but also investigate crimes and help judges convict criminals.

Praising the draft ordinance, he said involvement of the Attorney General's Office however should have been more in the process of formulating the ordinance. "I call on all concerned not to abuse the power. Power correlates with responsibility and so it must be balanced.”

The proposed commission should be a truly independent body to take care of the issues concerned, added Fida Kamal.

Law Commission Member M Enamul Haque said one-third of the police force that constitutes the armed branch has been completely ignored in the draft policy.

Besides, he said, the words like 'Chief of Police', 'Police Chief' and 'Police Zone' should be clearly defined. The officers-in-charge who do a mammoth job should be ranked as class 1 officers.

Former IGP Azizul Haque observed that the village police should be brought under the district superintendent of police for better performance.

He said the draft ordinance should cover the issues regarding the posts of head constables and nayeks, and the sergeants.

Law professor at Dhaka University Asif Nazrul hailed the upgrading of police rank, but noted that the junior rank police whose salary is not that high should be allowed to do other jobs to compensate for the poor pay.

"They cannot do that as long as their time of duty is not definite," he said.

Nazrul suggested that words like 'competent authority', 'emergency', 'appropriate authority', and 'lawful order' should be explicated since those might cause confusion when it would come to application.

"The draft does not say clearly that the law enforcers will not behave cruelly with those under custody," he said, adding that it also does not specify whether the ones who investigate cases should be engaged in other duties as well.

The law teacher praised the proposal for a national police commission to be comprised of chief justice, comptroller general of audit and chairman of Anti-Corruption Commission, four members of parliament, two each from the ruling party and the opposition, and four independent persons. The commission will oversee the process of appointment, promotion and postings.

He however said he wonders why there will be no representation of the Law Commission and added that it should be revisited if the police commission would settle an issue on the basis of simple majority.

Nazrul suggested decentralisation of the proposed police complaint commission and provisions for protection of the victims. "The complainants could otherwise be victimised," he said.

Apart from the police personnel, human rights activists could also be involved in the Police Policy Group, he observed.

Former IGP Ismail Hussain said the ordinance should explain clearly what will be the post of police head in a district--senior superintendent of police or only superintendent of police.

He suggested that the proposed tenure of the Chief of Police should be extended from two years to three and the authority who can suspend police personnel for any misconduct or offence should be specified.

The idea of community policing in the draft ordinance should not be limited to the metropolitan areas, rather it should be expanded up to the district level, added Ismail Hussain.

DMP Commissioner Nayeem Ahmed said the draft ordinance seeks to be a service-oriented legal framework to curtail the government's autarchic control over police.

"After January 11, now there is no such control, and which is why we have been able to work independently. We could therefore make some very significant changes in the way we operate. Currently, most of the arrests are made on genuine grounds," he said.

Referring to the provision of a six-month time limit in case of complaining against any police personnel, Dr Faustina Pereira of Ain O Salish Kendra said there is no such provision when complaining against common people so the time limit should not be there.

A provision should be incorporated so that the police cannot engineer any investigation, she said adding that the annual report on police activities should be made public.

The "serious" and "ordinary" offences should also be defined, Faustina Pereira noted. "The power of the district magistrates and superintendents of police should be carefully defined, otherwise there might be clashes of power between the police and district magistrates."

Supreme Court lawyer Tanjibul Alam suggested omission of too many adjectives from the draft ordinance and advocated using specific and well-defined words instead to avoid ambiguity and complexities in the application process of the ordinance.

Criticising the provision of "public safety fund" for better performance of police, he said, "It appears to be some sort of "statutory extortion"... which may make room for more corruption and provoke evil quarters to subscribe and remain out of legal bindings."

Former IGP Ashraful Huda said the authorities' attitude towards police should have to be changed. Otherwise, police might not be able to deliver their services, he said.

Insisting on a clear demarcation between the chief of police and the IGP, he said, "The IGP and additional IGP bear the same badge, which creates confusion. This should continue no more."

Zafrul Hasan Sharif of Manusher Jonno Foundation said there should be arrangements for aggrieved police personnel and female members of the police force should be given priority in the National Police Commission.

Former IGP ABY Siddiqui said police are not provided with sufficient funds for carrying out their duties. "There should be direction in the ordinance for allocating regular funds for them," he said.

On the issue of superior police personnel's supervision over their junior colleagues' duties, he said the superior police officials should be answerable to higher authorities for any offences conducted by the junior policemen.

He also insisted on prioritising seniority along with merits in appointing the chief of police.

Welcoming the proposed Police Complaint Commission, Barrister Sara Hossain said there should, however, be provision of hearing of the under-trial persons. She stressed the importance of including vulnerable groups including women, minorities and indigenous groups in the ordinance.

Dilruba Sharmeen of Bangladesh Legal Aid Services Trust (BLAST) said women and children should be given emphasis separately in the Police Ordinance 2007.

The Daily Star Editor and Publisher Mahfuz Anam emphasised the importance of building an efficient and honest police force, which is indispensable for the maintenance of law and order.

He said good results cannot be expected unless a favourable working condition is created and it was a good opportunity to make a difference through inputs in the draft police ordinance.

He said steps should be taken to enhance efficiency of the police. Infrastructure development should be brought under ADP (Annual Development Programme) instead of under only the revenue budget.

Among others, Major General Golam Quader and Farida Yasmin of BLAST spoke at the roundtable moderated by Brig Gen (retd) Shahedul Anam Khan of The Daily Star.