Preventive Detention of Bangladesh

 Preventive Detention of Bangladesh

Preventive detention in Bangladesh is the detention of a person without charge or trial for the purpose of preventing them from engaging in activities that the government believes are harmful to national security or public order.

The Constitution of Bangladesh does not explicitly prohibit preventive detention, but it does place some safeguards on its use. Article 33(4) states that a person detained under a preventive detention law cannot be kept in custody for more than six months without the concurrence of an advisory board. The advisory board is a panel of three people, two of whom must be judges of the Supreme Court. The advisory board must be satisfied that there is sufficient cause for the detention before it can be extended beyond six months.

There are a number of laws in Bangladesh that allow for preventive detention, including the Special Powers Act, of 1974, the Maintenance of Security Act, of 2013, and the Anti-Terrorism Act, of 2009. These laws have been used by successive governments to detain political opponents, journalists, activists, and others.

Here are some relevant case references on preventive detention in Bangladesh:

(1)Aruna Sen v. Government of Bangladesh (1974): This case set a precedent against unlawful and preventive detention. The court held that the Special Powers Act, 1974 was being used to detain political opponents and activists without justification.

(2)Mohammad Ali v. Government of Bangladesh (1980): This case involved the detention of a journalist under the Special Powers Act, of 1974. The court held that the detention was unlawful because the government had not shown that the journalist was likely to commit a "prejudicial act."

(3)Abdul Mannan Bhuiyan v. Government of Bangladesh (2005): This case involved the detention of a businessman under the Maintenance of Security Act, 2013. The court held that the detention was unlawful because the government had not shown that the businessman was involved in any anti-state activities.

(4)Human Rights Watch v. Government of Bangladesh (2019): This case was brought by Human Rights Watch to challenge the use of preventive detention in Bangladesh. The court held that the use of preventive detention is a violation of fundamental human rights and that the safeguards in the Constitution are not sufficient to protect against abuse.