made in the implementation of the Accord.
Safeguards as to Arrest and Detention:
Article 32 of the Constitution, in light of the ICCPR,
guarantees the right to liberty and security of life or personal
liberty. Article 33 delineates the safeguards as to arrest and
detention. It is stated here that the arrested person shall not
be detained without being informed as soon as may be of the
grounds for his arrest. The phrase ‘as soon as may be’ means
that the grounds for arrest should be communicated as
reasonably practicable in the circumstances of the case.61
Although the phrase provides a certain amount of flexibility
which may be required, it is also open to abuse in the
absence of any specific time limit or clear interpretation. The
relevant provision of the ICCPR, in contrast, requires that the
grounds of arrest be communicated ‘at the time of the
arrest’. Under the ICCPR, the arrested person also has to be
‘promptly informed’ of any charges against him; the
Constitution is silent on this provision.62
While there are no provisions for preventive detention in the
ICCPR, Section 3 of the Special Powers Act, 1974 provides for
preventive detention within the limits of Articles 33 (4) and (5)
of the Constitution, and in case of such detention, the
62
Anonymous, “Comparison between the International Covenant on Civil and
Political Rights,” 19.
63
Islam, Constitutional Law of Bangladesh, 168.
52