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Legal remedies against violence during blockade

Raisul Islam Sourav
RECENT time we have witnessed a burning Bangladesh. We, the owner of this State are forced to greet aberrant, brutal and cruel killing. Common people of this soil, who are not beneficial from any political party, pay extreme cost. They did not get any sort of legal remedy as if it is their misfortune to born in this society. This manuscript tries to locate some offences relating to present subversive activities and available legal remedies against that violence.
Arson: Last few days we have watched mass people of this independent territory died in public transport by arson. Offenders threw gunpowder and petrol bomb in public vehicle to create fear among the citizens to restrain them from free movement. Consequently, politically powerless electors burnt on road and subsequently crying in the hospital to stop this power grabbing game. As per our existing law, whoever does a violent act with any explosive substance or fire or any flammable matter 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 alleged picketers do this by entering into a bus/vehicle as a passenger, which also constitutes a separate offence i.e. criminal trespass. 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.
Unlawful gathering: Presently we notice 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, when five or more persons have common object to overawe criminal force or show of criminal force or to resist to Government, Legislature or any public servant in the exercise of the lawful power of such; 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.
Mischief: Now it is very easy to devastate 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. Whoever with intent 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.
Attack on police: At this moment, we observe 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.
Currently 'cocktail' is the much used explosive during 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 penalty.
Apart from the Penal Code, 1860; these offences can be tried under the Special Powers Act, 1974 as sabotage, where the punishment is more severe and may extend to capital punishment or life imprisonment or minimum fourteen years confinement and fine.
Government may try them those who are involved in this kind of act under the Speedy Trial Act and the 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 file case to police or magistrate to ensure- punishment • and- -get - relief -from- this- -intolerable situation.