Legal remedies against violence during hartal/blockade

Recently we have witnessed a burning Bangladesh. People burned hither and thither. There is no assurance of natural death rather we, the owner of the state are forced to greet aberrant, brutal and cruel killing. Our fortune depends on the whimsical decisions of the political parties. They call and observe endless hartal (strike), blockade and other means of agitation on the occasion of the forthcoming 10^th parliament election. On the contrary, current self-styled poll time govt. tries to protest this sort of activities by police, arrest, detention etc.

However, this battle to retain and regain power generates enormous trouble towards us. Common people of this soil, who are neither involve nor beneficial from any political party, pay extreme cost of these kinds of mutinous acts mostly. Public are the ultimate sufferer; they lost their life, property, profession, relatives and even the only means of their earning. Whoever alive fortunately(!) is being oblige to welcome a never-ending measurable existence. They did not get any sort of legal remedy as if it is their misfortune to born in this society.

The perpetrators are untouchable though they are the member of our ruler’s party and it is obvious after every five years when they show their strength to become the king instead of recognizing the voters as their king. This manuscript tries to locate some offences relating to present subversive activities and available legal remedies against that violence:

Arson: Last few days we watched mass people of this independent territory died in public transport by arson. Offenders throw gunpowder and petrol bomb in public vehicle to create fear among the citizens to restrain them from free movement. Consequently, politically powerless electors burned on road and subsequently crying in the hospital to stop this power grabbing game. As per our existing law whoever does with any explosive substance or with fire or any flammable matter any act so rashly or negligently as to endanger human life, or to be likely to cause hurt or injury to any other person shall be punished with maximum six months jail or with highest one thousand taka fine or with both.

Moreover, if anybody does any act so rashly or negligently which endanger human life or the personal safety of others shall also be liable for highest three months imprisonment or with maximum two hundred taka fine or with both.

Sometime criminals do this by entering into a bus/vehicle as a passenger, which also constitutes a separate offence i.e. criminal trespass. According to the language of the Penal Code, 1860 whoever enters into or upon property in possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property or having entered into or upon such property unlawfully remains there with same intent will liable for criminal trespass and shall be punished for maximum three months prison or with highest five hundred taka fine or with both.  Despite criminal case, a victim is entitled to get all sorts of damages from all parties who are engaged with this.

Political leaders are so negligent about the worth of a life. They have no headache about people’s gauge; their only endeavor is riding on the hot seat of power at any cost. However, enough laws are there to prevent it but regrettably these do not implement ever.

Illegal restraint & confinement: During the period of hartal or blockade, we see that the protesters intentionally or knowingly forced us from preceding our desired destination or restrained ourselves from going beyond some certain circumscribing limits. Whoever does this shall be punished with maximum one-year sentence or maximum one thousand taka fine or with both.

Unlawful gathering: Presently we have observed some people made obstacle on highway, railway and waterway so that the communication system can be interrupted. They also resisted police from removing such obstacles. They may be liable for sabotage under the Special Powers Act, 1974. In addition, if at least five or more persons have common object to overawe criminal force or show of criminal force to Government, Legislature or any public servant in the exercise of the lawful power of such; or to resist the execution of any law or of any legal process; or to commit any mischief, criminal trespass or other offence; or by means of criminal force, or show of such, to anybody to take or obtain possession of any property, or to deprive any person of the enjoyment of a right of way or the use of water or other incorporeal right of which he is in possession or enjoyment, or to enforce any right or supposed right; or by means of criminal force, or show of such, to compel anybody to do what he is not legally bound to do, or to omit to do what he is entitled to do is committing unlawful assembly, which punishment is maximum six months imprisonment or with fine or with both. Whoever joined in an unlawful assembly with deadly weapon shall be punished with highest two years imprisonment or with fine or with both.

Hire of person: Frequently, it is proved that somebody hires some people to do this act while our Penal Code, 1860 provides relief and says if anybody hires, engages, employs or promotes any person to join or become a member of an unlawful assembly, shall be punished as a member of such assembly and for any offence which may be committed by any such person in pursuance of such hiring he shall be punished in the same manner as if he had been a member of such unlawful assembly, or himself had committed such offence. By this legal arrangement, a victim can initiate official action against the person who hired them.

Mischief: Now it is very easy to break one’s car/vehicle at any chance. A victim can take support of law to prevent damage of his property. In spite of criminal action, he can bring civil suit for compensation. Penal Code provides that, whoever with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public or to any person, causes the destruction of any property, or any such change in any property or in the situation thereof as destroys or diminished its value or utility, or affects it injuriously, commits mischief and he shall be punished with highest three months lockup or with fine or with both.

Inducing students to take part in political movement: Habitually political parties entail students in their political actions, which hamper public order. Hence, whosoever induces any student to join in any political activity which disturbs or likely to undermine public orders shall be punished with highest two years custody or with fine or with both.

Attack on police: At this moment, we notice that the police are also assailed by the violators. If someone assaults or threatens to assaults or obstructs any public servant in discharge of his official duty, he shall be punished with maximum three years detention or with fine or with both.

Now a day’s cocktail is very much popular before and on the day of hartal and blockade. The Explosives Act, 1884 has provisions against unauthorized use of such explosives and these offences are also cognizable, which means in that event police can arrest the alleged culprits without warrant. Action can also be taken under the Explosive Substances Act, 1908 for the same offences and the punishment under these laws are more rigorous than the Penal Code that may extend to death sentence.

Apart from the Penal Code, 1860; these offences and obstacles, arson and other offences in railway can be tried under the Special Powers Act, 1974 as sabotage, where the punishment is more rigorous which may extend to death penalty or life imprisonment or minimum fourteen years confinement and fine. Furthermore, under the mentioned Act the offences are cognizable and non-bail able. It should be borne in mind that an abettor could also be punished for his abetment to this type terror activity. 

Government may also capture them under the Speedy Trial Act and the new Anti Terrorism (Amendment) Act, 2013 to prevent this type of perilous political activities.  Finally, it is not necessary to be a victim to take legal actions against the perpetrators and not essential to be a police to arrest them. Any person, whether he is a victim or not, can arrest and file case to police or magistrate to ensure punishment and get relief from this intolerable situation.
Published in the Daily Star's Law & Our Rights page (p. 12) on 24-12-2013