Police have sought cancellation of a legal provision that bars them from justifying torture and inhuman treatment of anyone in custody even in circumstances like war and political unrest.

The Jatiya Sangsad passed the Torture and Custodial Death (Prevention) Act in 2013, making torture in the hands of law enforcers or government officials a punishable offence.

The police headquarters proposed scrapping the act's Section 12 that says no excuses like war situation, threat of war, political instability, state of emergency, or orders of senior official or the government authorities will be acceptable for any crime under this law.

They also recommended incorporating a new section that says: "If a false case is lodged against any person affecting him/her adversely, the complainant will be given half the punishment prescribed for the crime."

The Daily Star obtained a copy of the set of proposals the police headquarters sent to the home ministry recently. They sought amendment to 14 sections and sub-sections and dropping of seven sections and sub-sections.

Police also proposed exclusion of the Rapid Action Battalion (Rab), Criminal Investigation Department (CID), Special Branch (SB) and Detective Branch (DB) of police from the purview of the act by changing the definition of law enforcement agencies.

As per the definition provided by the law, Bangladesh Police, Rab, BGB, Customs, Immigration, CID, SB, DB, Ansar, VDP and Coast Guard fall under the category of law enforcement agencies. Thus, the act is applicable to these agencies.

In an attachment, the police headquarters said the law has created a scope for filing false cases against all law enforcing agencies. The act makes it possible that the agencies face obstacles to take effective steps in saving people's life and property from destructive activities like political instability, hartal, blockade and        arson.

The move came amid allegations of indiscriminate arrest of people, particularly BNP-Jamaat men, custodial death and torture and killing in "gun fights".

The law contains 20 sections that provide for trial and punishment for all torture and death in all government custodies, including that of law enforcement agencies.

It was passed in the line with the UN convention adopted on December 10, 1984 against torture and cruel, inhuman or degrading treatment.

The country became a signatory to the UN convention on October 5, 1998 during the previous Awami League-led government's tenure, promising effective legislation and administrative and judicial measures to prevent acts of torture.

Also, Article 35 (5) of Bangladesh constitution says, "No person shall be subjected to torture or to cruel, inhuman, or degrading punishment or treatment."

AL MP Saber Hossain  Chowdhury piloted the Torture and Custodial Death (Prevention) bill in 2009.

Contacted on Friday, he said the police proposals are totally "arbitrary and unacceptable" and tantamount to contempt of legislative process.

Now president of Inter-Parliamentary Union, Saber said the law was a result of three to four years' process and extensive deliberations with rights organisations, attorney general, noted lawyer Amir-ul Islam and a representative from the law ministry.

The act was not passed to make the job of any agency easier, but to uphold the rule of law and dignity of the country, he said. Any administrative agency cannot propose the    annulment or change of the law; it must come through the legislative process.

Asked, rights activist Sultana Kamal said police should never be given unlimited power regarding such matters.

"We are not at all supporting the amendment proposals of the police as those are in direct contrast with the constitution," she said.

Police have to deal with the act more constitutionally and they have to be more alert, said the ex-caretaker government adviser. As police do not have enough orientation, capacity building and training they are still unable to take that challenge, she added.

Sultana Kamal said the proposals given by police do not need consideration.

Referring to omission of the names of Rab, DB and CID from the category of law enforcement agencies, she said it will have a dangerous impact.

Contacted, Senior Home Secretary Md Mozammel Haque Khan said they have received a proposal from the police but they are yet to work on it.