Preventive Detention in Bangladesh Perspective: Whether Violation of Fundamental Rights or Safeguard to our Sovereignty
Abstract
The word „arrest‟ generally we used in its ordinary and general sense means the apprehension or restraint or the deprivation of one‟s personal liberty to go where he or she satisfy. On the other hand, „preventive detention‟ means detention of a person only on suspicion in the mind of the executive authority without trial and without conviction by the court. Preventive detention is not to punish an individual person for any offence done by him but to prevent him from acting in a manner prejudicial state. The original constitution of Bangladesh had no provisions of correlated with preventive detention. The reiterating abuse of the powers of preventive detention by the governments of Pakistan Between 1947 to 1971, during the days when Bangladesh was a province of Pakistan, discouraged the constitution framers of the Constitution from including in its powers. Preventive detention has been introduced on the constitution by the second amendment of the constitution in 1973. Only four months and twelve days after the amendment of Article 33 of the 1972 Constitution, which 5 February 1974 enabled the parliament to pass laws concerning preventive detention the Special Powers Act 1974 was passed. This Act describes that any person can be arrested and detained by the executive authority if there is apprehension in the mind of the authorities that he may commit „prejudicial act‟. This research paper scrutinizes preventive detention related laws in the light of Part- III of the Constitution of Bangladesh, Natural Justice and Rule of Law. This paper advocates that the present preventive detention related laws should be amended in some cases and the researcher of this paper also recommend some suggestion to establish fundamental rights thoroughly.
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