Preventive Detention and Section 54 of the Code of Criminal Procedure: The Violation of Human Rights in Bangladesh (original) (raw)
The violation of Human rights has started from very beginning of our civilization. Arbitrary arrest, detention and custodial torture by law-enforcing agencies have remained a persistent feature of our criminal justice system. These practices have been widespread in Bangladesh irrespective of the forms of government and successive governments have failed to stop this endemic problem. It is being made in culture of the violation of human rights through preventive detention and abuse of Section 54 of Cr PC all over the world, especially in the third world countries. It is sorry to mention that Bangladesh is one of them. The paper aims is to show how the rights violated through preventive detention and Section 54 of Cr PC, because it is mostly used for the violation of rights of an individual. This paper highlights definition, history, nature, rationality of preventive detention and our constitutional safeguards to protect the human rights. It also examines social necessity of the law of the preventive detention for our country with citation of the leading cases relating to preventive detention in Bangladesh, Pakistan and India. It also urges that preventive detention should be used sparingly only in exceptional circumstances.
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