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

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