Commission for separate investigation agency outside police
The Judiciary Reform Commission has proposed the establishment of an independent, efficient, reliable, and public-friendly investigation agency to ensure the integrity of the investigation process within Bangladesh’s justice system.
According to the commission, this new entity will operate entirely outside the police force, addressing longstanding concerns about bias and influence in criminal investigations.
On Wednesday (February 5), the commission submitted its report on judicial reforms to Chief Adviser Professor Muhammad Yunus. Led by former Appellate Division Chief Justice Shah Abu Naeem Mominur Rahman, the report outlines a comprehensive plan for restructuring investigative services. It calls for the creation of a separate investigation service through legislation, consolidating personnel currently deployed across various investigative units into a unified framework.
The report emphasises that the new agency should:
- Be governed by its own laws, regulating recruitment, terms of service, control mechanisms, budgetary allocations, infrastructure, and related matters.
- Operate independently, free from political interference or external pressures.
- Receive protection against arbitrary dismissals; officers cannot be removed without prior approval from a higher commission during their tenure.
To facilitate the transition, police officers may initially be appointed on deputation until the full operational capacity of the new agency is established. Although overseen by the Ministry of Home Affairs, the agency will function autonomously to maintain impartiality.
The commission recommends amending existing laws, including:
- The Criminal Procedure Code, 1898, which governs criminal investigations.
- The outdated Police Act, 1861 and Police Regulations, 1943, requiring modernisation to align with contemporary standards.
Additionally, a new law must be formulated to formalise the structure and functions of the proposed investigation service. These measures aim to enhance transparency, accountability, and effectiveness in handling criminal cases.
The interim government, under the leadership of Chief Adviser Professor Muhammad Yunus, formed the Judiciary Reform Commission on October 3 to propose necessary reforms ensuring the independence, impartiality, and efficacy of the judiciary. The commission's mandate reflects the broader goal of rebuilding trust in Bangladesh's legal institutions.
The Judiciary Reform Commission comprises distinguished experts and representatives from diverse fields: Justice Shah Abu Naeem Mominur Rahman, Justice Emdadul Haque, Farid Ahmed Shibli, Syed Aminul Islam, Masdar Hossain, Tanim Hossain Shawon, Kazi Mahfuzul Haque Supon, and Arman Hossain.
