Provision of Preventive Detention in Bangladesh: A Legal Analysis

Abstract

Preventive detention is the most controversial legal topic in our country. There were no clauses relating to preventative detention in the Constitution of 1972.Article 33 was amended just four months and twelve days later of 1972 constitution made. After that Special Powers Act, 1974 was passed on 5th February 1974.By doing this, Bangladesh has joined the select group of nations that permit preventative detention even when there is no emergency. According to this Act, the executive authority may arrest and detain any individual if they have reason to believe that they would commit a "prejudicial act." Since that time, preventive detention has been the most popular technique utilized in cases of human rights violations. This has been utilized as a tool for political exploitation in Bangladesh regardless of the type of government that has been in power , however this goes against the letter and spirit of our democracy, the constitution, and the rule of law. This research scrutinizes preventive detention-related laws in light of Part- III of the Constitution of Bangladesh.