Ansars Act, 1948
Section 5
Ansar Rules, 1948
Rule 17
Penal Code, 1860
Sections 147/148/149/283/325/332/353/243/427/435/380/109 & 121(A)
The government may take measure to take back the innocent writ petitioners in Battalion Ansars after proper scrutiny, if they are found not guilty of revolt or ‘Mutiny’–– Embodied Ansars i.e. the respondents work as auxiliary police force and they are trained and entitled to wield weapons. Disobedience to the orders of the higher authority breaking the chain of commands is termed as ‘Mutiny’ which is the highest offence for an auxiliary police force for which stern punitive action has been taken. Following the alleged ‘Mutiny’ in 1994 there was exigency to control the situation and persons involved in the ‘Mutiny’ had been identified by their controlling officers on the spot and were arrested from the spot and FIR was lodged.
In a chaotic situation some innocent Ansars might have been implicated in the offence of ‘Mutiny’ against their will, which could be possible to find out through proper scrutiny. Thus, it would be wise that after a long lapse of 25 years the disembodied Ansars should not be reinstated in Bangladesh Ansar Battalion on wholesale basis without scrutiny. In the said backdrop, the government may consider to take initiative to take back the innocent persons in the Battalion Ansars after proper scrutiny, if found not guilty of revolt or ‘Mutiny’. .....Director General of Ansar and VDP, Dhaka =VS= Md. Ruhul Amin, (Civil), 2023(1) [14 LM (AD) 167] ....View Full Judgment