Preventive Detention:-Whether Violation of Fundamental Rights or Safeguard to our Sate: Bangladesh Perspective

Abstract

Preventive detention is the most debatable issues of law in our country. Preventive detention means detention of a person without trial and without conviction by a court, but merely on suspicion in the minds of the executive authority. The violation of human rights has started from very beginning of our civilization. It is being made in culture of violation of human rights through preventive detention all over the world, specially in the third world countries. It is sorry to mention that Bangladesh is one of them. In my paper discussion I want to highlight its definition, history, its nature and justification, our constitutional safeguards and to put some recommendations to protect the human rights violation through preventive detention. In this paper I would like to show how Preventive detention infringes the human rights i, e rights of a person and liberty of a citizen due to misapplication of Preventive detention in Bangladesh and in what extant such right is violated, drawbacks of preventive detention, validity of the preventive detention and finally to stop the misuses of preventive detention in order to protect personal liberty from invasion, which is the basic human rights of citizens. Its also examines social necessity of the law of the preventive detention for our country. Preventive detention should be used sparingly only in exceptional circumstances