Analysis of Decisions of the Higher Judiciary on Arrest and Detention in Bangladesh
required by Article 33 of the Constitution and Section. 61 of
Cr. P.C. Many detainees are also deprived of the right to
consult lawyers and to see relatives despite the court orders
for the same.
There are a number of special criminal laws which also
contribute to a culture of arbitrary arrest, detention and
torture. The most infamous piece of special law is the Special
Powers Act, 1974 under which a person can be ‘preventively
detained’ by the executive, i.e., detained to prevent that
person from committing any prejudicial act, which the
administration deems detrimental to the interest of the
state. The most important power conferred by this Act is that
a person can be detained if the government ‘suspects’ that
he is about to commit a ‘prejudicial act’, though the
individual has not yet committed such an act. It is common
for persons arrested under Section 54 of the Code of Criminal
Procedure are later charged under the Special Powers Act
1974.
The Constitution of Bangladesh adheres to the protection
and respect for fundamental human rights, equality and due
process of law to establish a just society. The most important
constitutional safeguards as to arrest and detention are
incorporated in Articles 27, 31, 33 and 35 of the Constitution.
An aggrieved person can file a writ petition under Article 102
of the Constitution of Bangladesh. While Article 27
guarantees the right to equality and equal protection of law,
Article 31 provides that all citizens have the inalienable right
to be treated only ‘in accordance with law’. Article 33 of the
21