HC to police: No requisition of private cars, cabs, 3-wheelers

Police will not be able to requisition privately owned vehicles, taxicabs, and three-wheeler auto-rickshaws, a High Court order has said.

The bench of Justices Naima Haider and Khizir Ahmed Choudhury gave the order on Wednesday after concluding a hearing on a previous rule following a writ petition.

 Among the nine directives the court gave to police on the matter, it said all requisition of vehicles must be for the sake of public interest; legal actions will be taken against the police officer responsible if acting otherwise.

Requisitioned vehicles cannot be used by an officer for personal reasons. In that case, it will be treated as misconduct, the court said.

Police stations have to maintain a list of requisitioned vehicles.

The police commissioner will open an inquiry and take actions against any irregularities over the requisition of vehicles.

Police will have to pay compensation in case of any damages caused to the vehicles. It will also have to bear expenses for fuel and the vehicle’s driver.

No vehicle can be requisitioned for a second time within six months and vehicles carrying women, children and patients cannot be requisitioned, the court said before ordering the police commissioner to issue notification to officers to ensure compliance of the directives.

In May 2010, rights body Human Rights and Peace for Bangladesh filed a public interest petition when the court issued a rule asking the police why section 103 (A) of the Dhaka Metropolitan Police ordinance, that allows vehicles to be requisitioned, should not be declared illegal and unconstitutional.

Nine years after on Wednesday, the court concluded the hearing on the rule.