This legislation, which endorses capital punishment for offenses related to sedition, conspiracy incitement, and participation in such activities, underscores the government’s commitment to maintaining discipline and security within the Ansar forces
“The ‘Ansar Battalion Act of 2023,’ which advocates for the imposition of capital punishment for offenses related to sedition, conspiracy incitement, and involvement in such activities, has garnered final approval in today’s cabinet meeting.”
The Act was presented today for consideration during the regular Cabinet meeting held at the office of Prime Minister Sheikh Hasina. It had previously received provisional approval from the Cabinet last year.
The Act comprises 33 sections, and a working paper from the Public Security Department of the Ministry of Interior highlights a key amendment. Section 6 (a) of the existing Battalion Ansar Act of 1995 currently sets the tenure for Battalion Ansar members at 6 years. However, a proposal to amend this to a one-year period, starting from the date of their service initiation, was sent to the Ministry of Home Affairs in July 2018.
Subsequently, it was deemed inappropriate to amend an existing law section. Instead, the Ministry decided to enact the Ansar Battalion Act-2019, aligned with the provisions of the Border Guard Bangladesh Act of 2010, covering crimes and punishments related to rebellion.
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Last year, while attempting to amend the 1995 law to meet evolving demands, it became evident that substantial changes were necessary. Consequently, the Ministry of Home Affairs concluded that enacting a new Ansar Battalion law was more appropriate. This proposal is presented in light of these considerations.
The draft of the Act also addresses the absence of an Ansar Battalion Court, introduces disciplinary rules for misconduct cases, and outlines the process for departmental proceedings.”
What does the Law encompass?
The Act addresses various aspects of offenses and penalties. For instance, it prescribes that the deliberate destruction of arms, ammunition, clothing, parts, and vehicle components belonging to the force, along with related offenses, may result in rigorous imprisonment for up to three years in a summary battalion court. Additionally, a fine equivalent to the pecuniary loss incurred may also be imposed. Lesser offenses can result in rigorous imprisonment for a maximum of 90 days.
In cases where the offense involves disorderly conduct, attempts to incite rebellion, or participation in a conspiracy, the punishment can be severe. It may entail the death penalty, life imprisonment, or a minimum prison term of five years. Such trials are to be conducted in a dedicated Ansar court.
The law further stipulates that no member of the battalion can be affiliated with any political or non-political organization. Members of Ansar are prohibited from publishing or disseminating information through electronic media, newspapers, or any platform without the requisite authorization. Similar to government employees, they are subject to minor and major penalties as per disciplinary and appeal regulations, with opportunities for appeal.
The Act establishes a prosecution system for addressing criminal organization membership among battalion members, with two Ansar battalion courts, one for summary cases and another for special cases. Additionally, there is provision for an ‘Ansar Battalion Appellate Tribunal’ under this legislation.
The capital punishment for conspirators within the Ansar Forces
For any Ansar Battalion member found attempting, inciting, or conspiring to incite mutiny within the force, the most severe penalty under the law would be death. Alternatively, depending on the gravity of the offense, the punishment may entail life imprisonment or a minimum of five years behind bars. To oversee these legal proceedings, two distinct courts will be established. Summary Ansar Battalion courts will handle ordinary offenses, while special Ansar Battalion courts will adjudicate more serious crimes. Furthermore, an Appellate Tribunal will be formed to address appeals. It’s also worth noting that no member of the Ansar forces is allowed to hold membership in any political or non-political organization.
The ‘Ansar Battalion Act of 2023′ has secured final approval, marking a significant development in Bangladesh’s legal landscape. This legislation, which endorses capital punishment for offenses related to sedition, conspiracy incitement, and participation in such activities, underscores the government’s commitment to maintaining discipline and security within the Ansar forces. While this Act brings forth rigorous penalties for various offenses, it also addresses the absence of an Ansar Battalion Court, introduces disciplinary rules for misconduct cases, and outlines the process for departmental proceedings. Notably, it emphasizes that Ansar members must not be associated with any political or non-political organization, aiming to uphold the force’s neutrality and dedication to their duties.
