Police cannot requisition private vehicle for more than 7 days: HC

The High Court on Wednesday released the full verdict regarding the requisition of private or company vehicles for public interest by the police and asked the police not to use it for more than seven days and for personal activities.

In the verdict, the court said that as per the Dhaka Metropolitan Police (DMP) law, only the commissioner has the authority to give requisition.

The HC has instructed to follow several guidelines by disposing rules issued in this regard, petitioner Barrister Manjil Morshed said.

The DMP commissioner has been asked to send the guidelines as circulars to all the police stations within 90 days of receiving the verdict. 

The verdict also said that a notice must be served to the owner of the private or company vehicle prior to requisition mentioning the reasons. 

The HC bench of Justice Naima Haider and Justice Khijir Ahmed declared the operative part of the verdict disposing a rule in this regard on 31 July 2019.

On Wednesday, the same HC bench has released the full verdict.

For example, the oil and other relevant costs should be borne by the authorities in the time of requisition.

The HC also asked the DMP to form a committee to fix the compensation rate and daily allowance for the requested vehicle. If the vehicle gets damaged, adequate compensation has to be provided, the verdict added.

If any complaint arises in the time of requisition, a probe must be conducted. Besides, vehicles carrying patients, wounded or outgoing travelers would not be claimed. A register should be maintained with detailed information for the requisitioned vehicles.  

The aforementioned writ was filed on section 103 (ka) of the police ordinance on the vehicle requisition provision on behalf of the Human Rights and Peace for Bangladesh (HRPB) in public interest in 2010.

The HC issued a rule on 23 May the same year and pronounced the verdict on 31 July 2019.