National polls: Owners frustrated as police requisition private vehicles despite availability of govt cars

The requisition of private vehicles ahead of the national election has sparked concern among vehicle owners, with many questioning why personal and commercial transport is being taken despite the availability of government vehicles.

Bite-Sized: When can the police requisition your vehicle and when can you legally refuse?

Car requisition refers to the legal process through which police or the administration temporarily take control of private or commercial vehicles in the public interest or during emergencies. It is commonly done during elections, to maintain law and order, or during special state visits.

Under Section 103 Ka (1) of the Dhaka Metropolitan Police Ordinance, 1976, the DMP commissioner has the authority to requisition vehicles through written orders. The law, however, sets certain conditions: vehicles can be requisitioned for a maximum of seven days, and owners must be compensated at a fixed rate.

Despite these provisions, vehicle owners have long raised complaints over the process. Concerns have resurfaced over whether the government will provide compensation after requisition and whether police are exceeding their authority, issues that frequently emerge before elections.

Allegations of misuse led Human Rights and Peace for Bangladesh (HRPB) to file a writ petition with the High Court in 2010. In an order dated 31 July 2019, the High Court said police cannot requisition private cars, CNG-run auto-rickshaws, and taxis. Later, on 8 June 2022, the court issued a detailed verdict outlining 11 directives on the requisition process.

According to the directives, vehicles can only be requisitioned in the public interest and cannot be used for personal or family purposes by any official. No vehicle owned by an individual, company, or institution can be taken without prior notice. Police stations must maintain a list of requisitioned vehicles.

The directives

• The court also directed that compensation must be paid for any damage, along with fuel costs and drivers' food expenses. 
• The same vehicle cannot be requisitioned more than once within six months. 
• Vehicles carrying women, children or patients cannot be taken. 
• No vehicle can be kept under requisition for more than seven consecutive days, and the order must clearly specify the duration. Compensation must be paid within 15 days of release. 
• The directives also reaffirm that private cars, taxis and CNG-run auto-rickshaws should not be requisitioned.

Under Bangladeshi law, police and administrative authorities can requisition buses, microbuses, legunas, and pickup trucks in the public interest or for official duties. But following the 2022 High Court verdict, privately owned cars, taxis and CNG-run auto-rickshaws are generally not supposed to be seized.

The upcoming 12 February election will coincide with weekly and government-declared holidays, resulting in a four-day break. During this period, many government vehicles are expected to remain unused. Yet questions are being raised about why private and commercial vehicles are still being requisitioned less than two weeks before the polls.

The issue has triggered strong reactions on social media. Many users have shared concerns on personal profiles and in groups.

In the Facebook-based group 'Traffic Alert', launched in 2014 to exchange information on Dhaka's traffic conditions and vehicle documentation processes, numerous recent posts warn about vehicle requisition. Members are sharing alerts and asking which roads in the capital to avoid to prevent their vehicles from being taken.