“Preventive detention:- Whether Violation Of The Constitutional Mandate Or Safeguard To State”

Abstract

The method of preventive detention has been allowed in many countries in the world. It is the most debatable issues of law in our country. After liberation, it has been the most applicable procedure in matter of infringement of civil privileges of the citizens. No matter which political party is in power in our country, they always used it as a tool to dominate opposition parties. The Government authority was unsuccessful and has failed abjectly to prevent the aboriginal issue in relation with it. Nonetheless, after become opposed to the spirit of our founding instruments, equalitarianism, and rule of law. Despite variant judicial protection and directions in defiance of preventive detention, application of these malevolent practices is uncontrolled in our country. The research is focus to demonstrate how the privileges are contravened by preventive detention and the means of legal officials for misusing their powers. I want to highlight it’s definition, history, it’s nature, and justification, our constitutional safeguards and to put some recommendations to protect the human rights violation through preventive detention. I'll also talk about why it is an unavoidable menace in Bangladesh. I will quote the vital instances regarding preventive detention in our country and India. In collusion, I will also give my suggestions on how gruesomeness of these laws can be mitigated.