RESEARCH MONOGRAPH : Preventive Detention And Violation of Human Rights: Bangladesh Perspective

RESEARCH MONOGRAPH : Preventive Detention And Violation of Human Rights: Bangladesh Perspective


Chapter 1: Introduction to Preventive Detention

Chapter 2: Concept of Preventice Detention

Chapter 3: Preventive Detention Under thr Constitution of Bangladesh and other statutory laws

Chapter 4: Violation of Human Rights by Preventive Detention.

Chapter 5: Case Studies on Preventive Detention.

Chapter 6: Recommendations and Conclusion.











A sample research monograph submitted for partial fulfillment of the requirements for the degree of Master of Laws (LLM)

Submitted By


Roll: ………….

Session: ……

Department of Law

University of Rajshahi

May 2016




All praises are for the Almighty Allah who has given me the opportunity and ability to conduct this research. In fact, without His special grace and blessing, it wouldn’t have been possible for me to complete this work.


I would like to express my deepest sense of appreciation and gratitude to my respected teacher and supervisor ……… for his advice, guidance, valuable suggestions and very useful comments on the earlier drafts of this research and for constant encouragement throughout the whole period of preparation of this final research monograph. I am indebted to him as without his help it would not be possible for me to carry out the study.


Finally, I would like to offer my heartiest thanks to my teachers, parents, classmates and well-wishers for their assistance, encouragement and support in compilation of this research monograph.







I do hereby declare that the research titled “PREVENTIVE DETENTION AND VIOLATION OF HUMAN RIGHTS: BANGLADESH PERSPECTIVE” submitted to the Department of Law, University of Rajshahi, as a candidate for a degree of LLM, is an original research work done by me. No part of the research monograph, in any form, has been submitted to any other university or institution for any degree or diploma, or has been published in the form of a book or an article anywhere.

May 2016 Name:…………………….

Batch: …….…

Roll No. ……………..

Session: ……….






AD      =        Appealate Division

AIR     =        All India Reports

Art.      =        Article

CrPC   =        Code of Criminal Procedure

DLR    =        The Dhaka Law Reports

Govt.   =        Government

HRD    =        High Court Division

MLR    =        The Mainstream Law Reports

PIL       =        Public Interest Litigation

SC        =        Supreme Court

SPA      =        Special Power Act





Bangladesh is one of the few countries in the world which allows preventive detention even during non-emergency periods. Since Independence preventive detention has been the most used tool in case of violation of Human Rights. Irrespective of any forms of government which has been in power in Bangladesh, has used this as a mean of political exploitation. Each of them have failed miserably to stop the endemic problem regarding preventive detention. However, this is against the spirit of our constitution, democracy and the rule of law. Despite various legal safeguards against preventive detention, the practice of malicious preventive detention is rampant in Bangladesh.

The study aims to show how the rights are violated through preventive detention and how the legal authorities are abusing their powers. In my research I want to highlight the definition and scope of preventive detention, its historical development, its nature and our constitutional safeguards for it. I will also highlight why preventive detention is a necessary evil for our country. I will cite the leading cases relating to preventive detention in Bangladesh and while emphasizing on the recommendations given by the Supreme Court. And lastly I will also give my recommendation on how we can put chains on this blackest of the black laws.




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