DC conference, priorities and target oriented goals

Published : 29 July 2013, 12:55 PM
Updated : 29 July 2013, 12:55 PM

The three days conference of Deputy Commissioner's ends on 25 July with a clarion call to promote national priorities to perform target oriented goals in time. The honourable president urged upon them to remain fair and just in dispensing justice to the people and coordinate all development activities especially in 10 fields identified as critical with the spirit of independence and democratic zeal to make the nation free from poverty. On the inaugural day, the prime minister asked them not to show negligence in duties and adopt any partisan attitude to people irrespective of any political, social and religious identities. The secretary general of the Bangladesh Awami League asked them to ensure local and national elections with impartiality and transparency. In fact, all pious wishes were expressed diligently maintaining decorum and decency.

In the concluding day, the cabinet secretary said that the deputy commissioners (Returning Officers) were not worried about the next 10th National Parliament Election that it would be held under the present government as per 15th amendment of the Constitution. DCs as returning officers would follow the directives of the Election Commission in time. The cabinet secretary spoke in a very candid and bureaucratic manner although the million-dollar question was to him by the media about the law and order situation to be addressed by the deputy commissioner provided public life falls in crisis due to continuous political agitation and strikes in coming days.

In fact, DCs raised about 243 proposals in 20 working sessions as usual but the major issues remained unresolved and unreplied on the floor or behind the screen. The summary trial jurisdiction and power of taking cognizance of the offence under 190 Cr.PC and slow mitigation of justice were major issues the DCs raised to make the role of district magistrate significant and visible.

The law minister has refused the proposal of empowering executive magistrates for the trial of cases because of the proviso in Article 22 of the Constitution and separation of judiciary from the executive that emerged from the judgment of case of Masdar Hossain and other 441 judicial officers (Writ Petition No 2424 of 1995). He perhaps agreed to examine the power of Mobile Court Ordinance, 2009 clause 6(1) to impose punishment without confessional statement by the offender during mobile court. Nevertheless, an offender without confessional statement should not be punished contrary to human rights creating scope of misuse of power largely. Besides, the provisions of Evidence Act, or statement under Cr.PC section 164 might be in question under such a situation.

However, possibly the law minister could not instantly prescribe a way-out to resolve points raised by the DCs in case of emergency to cope with situation and continuing deterioration of law and order in the country. The law enforcing agencies and police officials on duty are sometimes openly harassed and beaten. This is surely an alarming situation prevailing at present. The improvement of the scenario remained a big question and a great challenge. The cabinet secretary said the matter might be referred to the Ministry of Law and Justice to find out a solution.

This year the deputy commissioner's conference was conveyed much earlier as practice followed before. The reasons might be the preparation in advance for the 10th National Parliament election and transfer of power of the government after 25 October 2013. This was also perhaps, an exercise to feel the pulses and attitudes of future Returning Officers as some analysts observed critically. It was also an attempt to give them briefings about the possible law and order situation that might generate after Eid-ul-Fitr and their possible preparations to tackle any unwanted event.

Whatever might be the outcomes of the DCs Conference, a few issues could be considered emphatically to continue democracy for greater public welfare, freedom of speech and movement and ensure fundamental human rights as provided in the Constitution that citizens of this soil have chosen for themselves.

a)     The separation of judiciary from the executive is sine qua non an integral part of our governance system since November 2007 with no alternative. It must be the duty of the Government to find way-out how to strengthen the judiciary with adequate manpower for disposal of cases in redressing the public grievances quickly.

b)    As at present, there are deputy commissioners at the level of joint secretary and some are at the status of deputy secretary. All 64 deputy commissioners should be at the level of joint secretary to enable them to act as major catalyst and focal point of governance at the district level as a whole. There would be no other officer in the district level in civil administration above his rank and status.

c)     A Committee headed by the cabinet secretary should be the final authority to select a joint secretary for posting as deputy commissioner. There must not be the need of approval of any minister or adviser in the process. For posting of a joint secretary in any other ministry or division or in any body corporate, the approval of the prime minister could be taken as before.

d)    Since deputy commissioners act as returning officers during  election time and also play greater role in other local bodies election  and other public affairs concerning diversified political views, the selection in this post should be kept beyond the purview of the party in power to ensure a level playing field at any event of parties in conflict.

This might help reduce the interferences of politicians in normal administration at the districts level.

e)     The office of the deputy commissioner is not the office of a particular officer. DC office is an institution to uphold neutrality, justice, equity, integrity and fair governance that lead to continue the democracy with public confidence.

The DC conference discussed issues and problems (243 problems ), but the question of Public Servant Act not yet finalized and the role of DC act as pioneer to ensure Charter of Change and implement the Vision of 2021 to celebrate the Golden Jubilee of our independence were not possibly in the agenda to deliberate at length.

To make this type of conference a significant one in national perspective, hope the agenda should be more pragmatic making scope  for renowned economist , industrialist, educationist, journalist  and political thinkers to interact with these major bureaucrats and listen to the lapses of policy, planning and public demands at the grassroots level as they experienced. Few ministers and secretaries delivering rosy pictures of their performances only and DCs listening it minutely should not be the future agenda of such conference.

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Dhiraj Kumar Nath is a former secretary and adviser to the caretaker government.