The police continue to harass transport owners by requisitioning their vehicles in direct violation of the High Court directives that ordered them to requisition vehicles only in the public interest and to pay the owners rent and operating expenses.
In the directives issued on 23 May, 2010 in response to a public interest litigation writ petition, the High Court asked the deputy commissioner (traffic) of the Dhaka Metropolitan Police to pay the owner or driver of the requisitioned vehicle the rental charge at the existing rate within a week, and compensate him for any damage caused to the vehicle.
The court also asked the law enforcers not to harass the owners or drivers of vehicles during their requisition drive and refrain from using the requisitioned vehicles for a government officer's personal use.
The deputy commissioner (traffic east zone) of the Dhaka Metropolitan Police, Iqbal Hossain, told New Age that the police requisition private vehicles for the government's purposes in accordance with the law.
'We feel embarrassed to requisition vehicles but we have to do so as we are asked to do it by the deputy commissioner during elections or other important occasions,' he added. 'We provide fuel for the requisitioned vehicles but I think there is no law for paying anything to the owners or drivers.'
But Supreme Court lawyer Manzill Murshid, who moved the writ petition on vehicle requisition, pointed out that the police have to pay drivers and vehicle owners on a daily basis the same rent given to hired transport.
'Such a comment from the police is tantamount to disobeying both the law and the court's ruling,' Manzill added.
Shamoli Paribahan's executive, Mehdi Hasan Rani, told New Age that a police sergeant near Gabtali bus terminal had stopped and requisitioned two inter-district buses from Rajshahi at about 4:00pm on June 11, the day before the BNP-led alliance enforced the 36-hour hartal.
'The sergeant released the buses only when I assure him that we would provide two mini-buses immediately,' said Mehdi.
The mini-buses' drivers, Khokan Miah and Ashraful Islam, complained that the police officer in on duty in Mirpur-14 had assured them that they would be paid for food and labour, but paid not a paisa after releasing the vehicles at about 8:00pm on June 13.
'I told the police who were using my bus that I didn't have enough money to buy food, and they told me that I would be given a bill to collect money from the Rajarbagh police headquarters, but later said that they are not required to pay anything,' said Ashraf.
Mehdi of Shamoli Paribahan said that the police only provided 10 litres of diesel for each bus during the time of use.
He said that the company had to pay Tk 2,000 to four staffers — a driver and a helper for each bus — after completion of the requisition period.
'We did not demand any rent and other charges from the police to avoid harassment,' he added.
The court passed the directives on the requisition after hearing the writ petition filed by rights organisation Human Rights and Peace for Bangladesh which drew the judge's attention to the report of a leading newspaper on May 13. The report said that the sudden requisitioning of taxicabs led to clashes between police and cab-drivers at Farm Gate, Manik Miah Avenue and Bijoy Sarani in which 20 people were injured.
The petitioner's counsel, Manzill Murshid, told the court that the police requisition motorized vehicles at their whim by enforcing Section 103A of the Dhaka Metropolitan Police Ordinance 1976.
Section 103A reads, 'Notwithstanding anything contained in any other law for the time being in force, the Police Commissioner may, by order in writing, requisition any vehicle, for a period not exceeding seven days, if such a vehicle is required in the public interest.'
'Whenever any vehicle is requisitioned, the owner thereof shall be paid such compensation as may be prescribed,' the Section stipulates.
Source : New Age
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