On divesting magisterial powers
Wednesday, 13 June 2007
Hasan Mahmud
THE annual conference of the deputy commissioners (DCs) recently concluded in Dhaka with a call from the Chief Adviser to maintain honesty in the public administration. This is ritual that the head of the government will suggest like this. But the most interesting concern came from the DCs themselves.
They said that they will not be able to maintain law and order if their magisterial powers are taken away as a result of the separation of the judiciary from the executive. The deputy commissioners said they fear a breakdown of law and order, especially in the lead-up to the general elections, if their particular authority is withdrawn. One deputy commissioner went as far as to say that the institution of deputy commissioner 'should not be made dysfunctional' through the removal of magisterial powers.
This fear, as we understand, is totally unjustified. It is only aimed at the preservation of their own powers. The deputy commissioners should be reminded that their primary responsibility as local administrators is to implement the plans and policies of elected representatives, which does not require them to have magisterial powers.
Law enforcement, the maintenance of law and order, is the responsibility of the law enforcement agencies while magisterial powers should lie with an independent judiciary. So divesting the executive of this power will result in a better law and order situation in the country, not worse. The DCs' fears should be ignored and their pleas for maintaining the status quo by allowing this power to continue to be vested in them should be rejected outright.
THE annual conference of the deputy commissioners (DCs) recently concluded in Dhaka with a call from the Chief Adviser to maintain honesty in the public administration. This is ritual that the head of the government will suggest like this. But the most interesting concern came from the DCs themselves.
They said that they will not be able to maintain law and order if their magisterial powers are taken away as a result of the separation of the judiciary from the executive. The deputy commissioners said they fear a breakdown of law and order, especially in the lead-up to the general elections, if their particular authority is withdrawn. One deputy commissioner went as far as to say that the institution of deputy commissioner 'should not be made dysfunctional' through the removal of magisterial powers.
This fear, as we understand, is totally unjustified. It is only aimed at the preservation of their own powers. The deputy commissioners should be reminded that their primary responsibility as local administrators is to implement the plans and policies of elected representatives, which does not require them to have magisterial powers.
Law enforcement, the maintenance of law and order, is the responsibility of the law enforcement agencies while magisterial powers should lie with an independent judiciary. So divesting the executive of this power will result in a better law and order situation in the country, not worse. The DCs' fears should be ignored and their pleas for maintaining the status quo by allowing this power to continue to be vested in them should be rejected outright.