Police must act as friends of the people

We may remember that Rajarbag police inaugurated armed resistance against the artillery assault of Pakistan army on March 25, 1971. Memorable are the laudable sacrifices of life of Bangladesh police in the theatre of the liberation war, and the contribution of the devastated force to the restorative efforts of the new Bangladesh government. It is certainly a calumny that the police occupied first place in corruption for consecutive five years in the Transparency international report. We cannot deny the state of acute corruption in Bangladesh. People want criminals and corrupt persons in chains, and the police to perform their duty honestly.
The perception of scam-free bureaucratic, mercantile and political institutions, indeed, revolves around democracy, rule of law, human rights, equality of opportunity irrespective of caste, sex, creed and socio-economic status, and a sense of strong abhorrence for the impunity culture, exploitation, arrogance of power and any manner of venality. The pendulum of police profile, in practice, swings in the direction of crime trends, demographic issues like over-population, disease, physically and mentally handicapped people, urbanisation, terrorism, lack of education and moral values, recurrence of natural disasters and their impact on agro-based economic and mass poverty.
Absence of tough execution of criminal laws and long pendency of trial of cases in courts promote crimes, violence and socio-economic upheavals.
Reforms of criminal laws along with the justice delivery system will promote humanism and human rights. Police reforms cannot fully avoid the beaten track of the past regimes of kings, emperors, dictators, colonialists, and military rulers, as well as criminological and penological principles and practices in adjustment with social visions. In this context, we may mention that more than 100 countries have either abolished or suspended the death sentence. Great Britain took the lead in this in the mid-1960s.
It will be proper for our police reformers to go through the reports of police commissions of past decades to look for learned views of social groups. Reformers' zeal is always supposed to be slow, so that any failure will not have any effect on reform efforts. We urge upon revival of a lot of benign preventive measures which went out of use in recent years. Details of some preventive laws and regulations of the past have been noted under "DO" and "NOT DO" in this write-up.
The reform zeal may centre round some preventive laws and practices which lost their effectiveness for non-use.
Laws and practices: (1) Action under Sections 107-110 of CrPC; (2) Maintenance of history sheet, card index, photographs, finger and foot frints of criminals and veteran suspects, defaulting motor vehicle drivers, terrorists, druggists, alcoholics, smugglers, money launderers, invoice-using businessmen, corrupt persons etc.; (3) Effective use of rural police, periodical conference with journalists, UP chairmen and members, municipal commissioners and many other professional or civil society groups; (4) Check of patrol at night; (5) Regular and critical inspection of police units by superior officers; (6) Proper use of Section 54 CrPC and addition to Section 54 the Indian CrPC Section 41; (7) Launching of gang cases; (8) Informing citizens of their responsibility in crime control as per provisions of our CrPC.
Police reform may be launched in three phases:
First phase: (A) What police should DO: (1) At least an ASP to supervise investigation of all serious crimes like gang case, terrorism, smuggling, trafficking of women and children, dacoity, extortion, murder, rape, kidnapping for ransom, persecution of women by husband and others, dowry, unauthorised fatwa etc.; (2) Arrest criminals in 10, 15, 20, 30 cases who act with impunity; (3) ASP to send copy of all absconders with date of absconsion to SP every month; (4) OC of thana to send to SP the monthly statement of cases pending trial, mentioning date of submission of chargesheet; (5) SP to arrange separate hajat for women arrestees and accommodation for women personnel; (6) SP to supply necessary stationery, furniture for visitors, law books on criminal laws, procedure and evidence, constitution, literature on human rights, charter of duties specified in rules and regulations for study of police personnel in each thana; (7) Monthly grant of sumptuary allowance to OC for local gentry of the community police and Open Day, distinguished visitors and journalists, teachers, local political leaders.
(B) What police should NOT DO: (1) Misbehave with anybody; (2) Show arrogance of political-supported power and attitude; (3) Torture arrested and remanded suspects for statement; (4) Take bribe to record complaints, investigate and manipulate section of law; (5) Show bad manners to women and poor persons; (6) Neglect dress while on public duty (wearing cap); (7) Use retired sub-inspectors of police in writing case diaries on behalf of the I/O; (8) Use baton/gun unless absolutely necessary for self-defence; (9) Harass people, hawkers, motor-car, bus and truck drivers for bribe etc; (10) Commit crimes.
Modernisation commences
Second phase: (1) Properly set up organogram of police units -- thana, district, range, police headquarters, CID, SB, DB, training institutes, armed battalion, RAB -- according to practical and modern needs; (2) Impress government to invest on law and order forces in the interest of peace and development; (3) Jettison the overload of corrupt, diseased and incompetent elements by screening operation to be followed by correct recruitment and training in substitution; (4) Organise training of new recruits and trainers with international assistance, if possible.
Modernisation projects continue
Third Phase : 1) Recruitment at all levels of non-gazetted ranks by a board, as in defence services; (2) Determination and execution of physical qualification of men, women and tribal candidates; (3) Training under trained and capable teachers; (4) Recruitment and training of constables of two grades:
Grade I -- For patrol and general duty. Education -- Graduate with maximum one third division. Promotion prospect open.
Grade II -- For driving motor vehicles, serving as orderlies and guard duty. Education -- SSC 2nd division. Promotion prospect open in SAF, armed battalion.
Training of trainers may be organised in cooperation with foreign experts.
Recruitment: (1) Sgt/SI: Recruitment by a board as in Defence Services, and educational test. Education -- Graduate with no 3rd division but with at least one 1st division.
(2) ASP: Recruitment by PSC. Honours graduate and masters. No 3rd division at any exam. Professionals -- simple graduates.
Reservation for females and others as per government decision, but no relaxation of educational requirement.
Further details of recruitments may be figured out by a consultative committee formed by government.
Decentralisation (1) In tune with the model of general administration; (2) Zonal perception of administration of army may be followed in terms of administrative divisions under Addl. IG; (3) Instead of being a directorate, police must have a Ministry of Peace and Order with an Inspector General of the rank of Lt. General; (4) Control of appointment, transfer, promotion, disciplinary action as per rules under the authority of police chief, as in the case of the head of the defence services.
There must be a national political accord for peace and non-interference in police matters. A galaxy of educationists, journalists, administrators, police high-ups (retd.), criminal law specialty, ladies, etc, should be constituted by the PM to ensure execution of the accord. There shall be an elaborate Police Code of Conduct to specify what principles should guide police acts and deeds.
Scientific laboratories and research cells to be established in each divisional headquarter.
Metropolitan Police: (1) The present metro-police structure is defective. Metropolitan police, highway police, river police and port police to be separately organised as full-career services, with specific training on the job. Metro-police must have urban-life training with particular reference to floating population and slums (hide-out of criminals and terrorists).
Police tells tales: A policeman is a citizen in uniform, and the most visible employee of the government. People do not like to report crimes for fear of reprisal, and to avoid evidence-giving; there is no protection of complainants; policemen cannot express grievances or agitate like other employees; they are ridiculed in dramas, political speeches and intellectual discussions, against which they cannot protest; they are closed from duty/post without proper enquiry; they have no rest and respite; their pay is poor; they do not get over-time payment; they cannot enjoy festival and weekly holidays; they do not have accommodation/house rent according to need; they have no transport, work tools and stationery as needed.
We may accept some of these handicaps as genuine, such as political interference, tendency of people to tell lies etc., but we cannot but express shock and utter disapproval of commission of crime and bribe-taking, physical and mental torture meted out by police to citizens, and misbehaviour of police.
The reformers may visualise formation of a police commission to act as a "watch dog" of police functionaries. The commission is to have a wide range of responsibility to keep a watch on every act or deed of the functionaries.
Conclusion: It goes without saying that for a fantastic finish in any venture we need a perfect start. We do not like to see political muscle flexing to kick out adversaries, or to bring them into their own net. There is unauthorised use and deployment of the police. Misuse of police must stop.
Abdul Khaleque is a retd IGP and Secretary.