Law enforcement agencies need to perform their duties with greater efficiency

Tasmiah Nuhiya Ahmed of DOT  :  
On Apr 25 of 2016, a group of assailants armed with machetes broke into Xulhaz’s apartment in Dhaka’s Kalabagan and hacked him to death along with Tonoy. Their murders took place amid a series of executions carried out by extremists across the country that year.
Xulhaz, a 35-year-old programme officer with the USAID, was a cousin of current Education Minister Dipu Moni. He also worked as a protocol officer of former US Ambassador Dan Mozena. Xulhaz also edited ‘Roopban’, the first magazine in  the country advocating for LGBT rights. Tonoy, 26, was involved with the theatre group Lok Natyadal. He worked as a drama trainer for children at an organisation called ‘Peoples Theatre’
After almost thirty three months police say that they have arrested one of the main suspects behind the killing of LGBT rights activist Xulhaz Mannan and his friend Mahbub Tonoy. Asadullah was caught during a raid by the counter-terror police in Gazipur’s Tongi 6pm Tuesday. Asadullah is a member of Ansarullah Bangla Team, banned militant outfit. He used to operate his militant activities using fake names including Fakhrul, Faisal, Jakir and Sadik, police said.
The Code of Criminal Procedure (CrPC), 1898 sets out the basic law of procedure for almost all criminal trials. It sets out the entire procedure – from first report, through the investigation and arrest of suspects, and through all stages of the trial up to conviction, sentence and appeal. According to “best practice Handbook for members of the criminal justice system” of Justice Sector Facility UNDP Bangladesh, dated November 2015; cognisable offences are those where the police can investigate without an order from a Magistrate to do so and arrest a person without needing a warrant of arrest. The list of these offences is found in Schedule II of the CrPC. This list includes almost all of the most common offences including murder, robbery, rape, theft, rioting and assault. The process that is followed in criminal cases – from the moment that the crime is reported, through its investigation and prosecution, the acquittal or conviction and sentence of the accused, and any appeal that might follow.
The police are responsible for investigating complaints and crimes, including identifying witnesses and securing evidence and identifying and arresting suspects. The CrPC requires them to register the case and then either investigate (in cognisable offences) or refer it to a Court for a decision on the way forward (in non-cognisable offences).
In Bangladesh, the reality is that some victims also complain that they are required to pay the police to investigate cases and that, in some cases, the accused is able to bribe the police officer, prosecutor or even the presiding Judge or Magistrate to avoid prosecution or conviction.
According to the CrPC, where someone reports a cognisable offence to a police station, the police officer must then record the details of the offence – which is known as the First Information Report (FIR). If the Officer in Charge believes that an offence has been committed, they may investigate it themselves or delegate another officer to investigate the case without requiring an order from a Magistrate. If during investigation the investigating officer reasonably suspects that a particular individual or individuals committed the offence, they may arrest the suspect or suspects without a warrant of arrest. Where a cognisable offence is reported directly to a Magistrate, the Magistrate may refer the petition of complaint to the police as a FIR for the police to investigate further. If the Magistrate is of the opinion that the petition does not need to be referred to the police, they can interview the complainant and any witnesses and record what they have to say in writing (Section 200 of the CrPC).
After a complaint has been investigated and the police have a reasonable suspicion as to who committed the offence, they may arrest the suspect. The CrPC allows for two types of arrest – with a warrant, or without a warrant of arrest. Section 54 of the CrPC allows the police to arrest, without a warrant.
In this Xulhaz Mannan case, we see police took almost 33 months to arrest a suspect of this heinous crime. The Constitution of the People’s republic of Bangladesh in its preamble states that it shall be a fundamental aim of the State to realise through the democratic process a socialist society, free from exploitation a society in which the rule of law, fundamental human rights and freedom, equality and justice, political, economic and social, will be secured for all citizens. Now it is the duty of the law enforcers to assist the state in upholding this constitutional commitment. Taking too much time to arrest a suspect or to take necessary steps for bringing the criminals into trial may question their efficiency, which is not expected from them.
We hope as a nation, all of us shall work together under the leadership of our current Prime Minister Sheikh Hasina with sincerity, integrity and honesty to ensure justice for everyone because delayed justice is similar to denial of justice.
The writer is the Executive Editor of Daily Our Time