Right now, almost everyone in Bangladesh is talking about the arrest of actress ‘Pori Moni’. In the last few days, the law enforcing agencies of Bangladesh have raided houses of a few films actress and female ‘models’ and a film producer. RAB confirmed that they found foreign liquor bottles and other narcotics like yaba, shisha, ICE consuming pipes, blotting papers for LSD etc. from their residences. There are allegations against two models that they have also been members of an organised blackmailing group and have been blackmailing many a wealthy men for big amount of money.
However, just before her
arrest, Pori Moni claimed in a live video from her verified Facebook page that
a few men were at her house and was trying to enter into there forcibly without
disclosing their specific identity. She assumed they could be robbers. She also
claimed she had called her nearest Thana for police help and was waiting for police
to turn up for her rescue. Though, till the end of the live video, apparently
no police officers from Banani Thana made an entrance. In Facebook live video,
Pori Moni also claimed that she had asked Banani Thana to confirm if they were
aware of any raid at her house and Banani Thana couldn’t confirm it.
Albeit, following her
arrest, the RAB confirmed to the press that the raid was carried out based on
specific allegations and information against this Dhallywood super star. RAB
spokesman also confirmed to journalists that the alleged heroine turned her
house into a mini bar and regularly arranged unlawful parties along with her
accomplices at her residence while they were also allegedly involved in
blackmailing and extortion.
The allegations against
other two models and Pori Moni are quite similar and in all three house raid
incidents, official legal actions have been taken after the alleged recovery of
narcotics and alcohols. So far, the media reports reveal that there was neither
any earlier case in their name nor the law enforcers have any search warrant
from the court against them.
There are specific laws
to conduct search of person and house in Bangladesh. Search has always been a
sensitive issue across the globe as it may infringe citizen’s right to privacy
and a number of other human rights. Therefore, laws relating to search are
enacted and executed carefully now a days.
Article 31 of the
Constitution of the People’s Republic of Bangladesh guarantees right to
protection of law and says it is an inalienable right of every citizen of this
country and no action detrimental to the life, liberty, body, reputation or
property of any person shall be taken except in accordance with law. Hence, law
enforcers can’t bring an accused in front of the media before proving the guilt
and must not demolish anybody’s reputation.
Moreover, article 33 of
the constitution implies duty to inform the grounds of arrest without any undue
delay to any arrestee while article 35 enshrines individuals right not be a
witness against himself. Article 43 secures right to be safe in home against unlawful
entry, search, seizure and right to privacy. Therefore, it is very clear from
the text of the constitution that it intends to protect the citizens from
unlawful search.
Hence police must comply
with the law and get a search warrant from a competent court before carrying
out a search or raid at a private place. In order to get a search warrant,
police are required to demonstrate to the court sufficient and reasonable
evidence of a crime. It should clearly state where exactly the search should
take place i.e particular place or part thereof, including a specific date and
time.
The power to issue a
search warrant should be exercised with due care and diligence by the court. The
Code of Criminal Procedure (CrPC), 1898 suggests three specific circumstances
under section 96 where a search warrant may be issued: i) if any court has
reason to believe that a person will not produce a document or thing as
required by the summons of that court, or
ii) the document or thing
is not known to the court to be in the possession of any person, or
iii) the court considers
that the purpose of any inquiry, trial or other proceeding under the code will
be served by a general search or inspection.
Additionally, section 98
of the code empowers a District Magistrate or a specially empowered executive
magistrate to issue a warrant for search of a house upon information and after
such inquiry as s/he thinks necessary to enter into a specified place and
search in specified manner.
However, there are few
exemptions for hot pursuit as section 165 of the CrPC and section 23 of the
Narcotics Control Act (NCA), 2018 have been enacted as exceptions to these
general rules of searches because it is recognized that in certain emergency
situations it may be necessary to permit the police officer to carry out
searches without first applying to the courts for authority. Otherwise, the
purpose of the search may be frustrated.
According to the said
provisions an officer in charge of a police station or an investigating officer
or a specially empowered office under the NCA may proceed for search without
warrant if the officer reasonably believes that a thing cannot in his opinion,
be otherwise obtained without undue delay. The officer requires to record in writing
the grounds of his belief and specify the thing for which the search is to be
made.
Nevertheless, the
provisions as to search enumerated in the CrPC shall also apply to search
without warrant. In case of every search, the officer shall call upon two or
more respectable inhabitants of the locality to attend and witness the process
and that shall be carried out in their presence. The term respectable inhabitant
is not defined in the law and there is scope of misusing it. They may not be
allowed to witness everything during the search or may not act independently
due to the influence of police.
In accordance with the
law, the occupant of a house or some other person in his/her behalf shall in
every instance be permitted to attend during the search. Regulation 280 of the
Police Regulation of Bengal, 1943 prescribes detail responsibilities of police
while carrying out a search which must be followed scrupulously. Taking extra
caution, be sensible for search at a private place where woman is living is
mentionable among them. Same rules will be applicable in the area under DMP as
well.
Although the law
authorizes search without warrant in limited circumstances, police should not
use this exception as a sweeping power. Aside cooperating with the police
during search, the occupant of a house has some rights i.e. asking for
identification, knowing particular grounds for search, seeing the warrant etc.
Further, the occupant can restrict the search inside a definite area stipulated
in the warrant and if they violate the manner of search listed in the warrant
then the occupant can even challenge them. Besides, any evidence seized during
the search can’t be used in the court if it is collected infringing the
law.
Still there is always a
real danger that one may plant evidence against anybody out of rage during a
search and police may use it as evidence against that person. To avoid this,
searches should be video recorded, from the beginning till the end, to ensure
transparency and accountability. Also, a provision may well be introduced to
carry out a search in presence of a preferred lawyer of the accused, if
immediately available to avoid any future legal collision and mistrust.
