The development of preventative detention legislation in Bangladesh : a study of its necessity, relevance and the role of the judiciary
This thesis deals with the origin and development of the preventive detention legislation in Bangladesh, studying its necessity, relevance and desirability based on the judicial decisions. This study shows that the preventive detention legislation in Bangladesh runs contrary to the doctrines of fundamental rights; and the prejudicial acts for future commission of which are the basis for preventive detention are categorically included in the existing penal laws and can be dealt with more efficiently. The study investigates the preventive detention legislation and its impact over the fundamental rights of the citizens analyzing the judicial decisions in Bangladesh. Four aspects are considerered in this thesis. Firstly, it studies all the preventive detention legislation, Consititutions, and relevant statutes since their inception during the British period in the Indian sub-continent which have been carried through Pakistan till today. Secondly it investigates executive decisions to reflect the usage of the preventive detention legislation and views of the courts in this regard. Thirdly it analyses the definition and concept of 'subjective satisfaction of the executive authority and 'objective satisfaction of the Court' which has been the key factor detaining individuals. And fourthly, it provides an empirical study of the available number of cases from the Register of the High Court Division of the Supreme Court of Bangladesh to draw a scenario of preventive detention cases, decisions for and against the preventive detention orders made by the Executive authority in Bangladesh.