Executive magistracy powers for army officers extended for fourth time

The interim government has extended the executive magistracy powers granted to military officers for a fourth time, adding another 60 days to their authority on the ground.

The extension, which will take effect from May 14, applies nationwide, according to a notification issued by the Ministry of Public Administration on Thursday.

The powers were first granted on Sept 17, 2024, for a two-month term to army officers deployed in the field alongside law-enforcing agencies.

The army had been deployed across the country since the mass uprising that led to the ousting of the Awami League government.

After the fall of the Sheikh Hasina regime on Aug 5, curfews were lifted, but military personnel remained in the field to help restore the deteriorating law and order situation.

The troops have continued to assist in maintaining security through joint operations and regular patrols across the country.

While the authority was initially granted only to army personnel, it was later extended to commissioned officers of the Navy and Air Force as well.

A separate notification clarified that the powers would apply to all branches of the armed forces.

The special executive magistracy tenure was first renewed in November, then again in January, and extended a third time in March.

Since the beginning of the deployment, military personnel have led countrywide joint operations to restore and maintain order.

In addition to regular patrols, troops have been seen responding to incidents of unrest and setting up checkpoints on key roads to conduct searches.

Thursday’s extension confirms that commissioned officers at the rank of captain or above, as well as officers of the Coast Guard and Border Guard Bangladesh, or BGB, of similar rank, will retain these special powers.

Section 17 of the Code of Criminal Procedure (CrPC) which awards military officers the status of special executive magistrates, says these officers shall be subordinate to the district magistrates, or deputy commissioners.

They will perform duties under Sections 64, 65, 83, 84, 86, 95(2), 100, 105, 107, 109, 110, 126, 127, 128, 130, 133, and 142 of the CrPC, 1898.

Under these sections, the special executive magistrates will have powers including orders for arrest and detention, execution of arrest warrants, issuance of search warrants, fining for misconduct and minor offences, exemption from bail, and the dispersal of illegal assemblies.

In addition, they will have the authority to remove obstacles to immovable property and business establishments and take necessary actions if there is a threat of harm to the public.