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Monday, April 27, 2020 | History

2 edition of Preventive detention legislation and judicial intervention in Bangladesh found in the catalog.

Preventive detention legislation and judicial intervention in Bangladesh

Quazi Reza-ul Hoque

Preventive detention legislation and judicial intervention in Bangladesh

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Published by Bishwa Shahittya Bhavan in Dhaka .
Written in English

    Places:
  • Bangladesh.
    • Subjects:
    • Preventive detention -- Bangladesh.

    • Edition Notes

      Includes bibliographical references (p. 351-360) and index.

      StatementQuazi Reza-Ul Hoque.
      Classifications
      LC ClassificationsKNG4657 .R49 1999
      The Physical Object
      Paginationxi, 370 p. ;
      Number of Pages370
      ID Numbers
      Open LibraryOL168765M
      LC Control Number99946622

        A Brief Look At The UK's History of Laws for Preventive Detention suggest that preventive detention to combat terrorism in Britain was first introduced in the Prevention of Terrorism (Temporary Powers) Act (PTA), as Blum () notes, it was the Prevention of Violence (Temporary Powers) Act (PVA) which introduced powers to detain.   But there is a fair case to argue that even under this logic, the procedures of preventive detention laws in India practically sacrifice due process interests at the altar of crime control, and Author: Abhinav Sekhri. Judicial intervention was minimal; the apex court in handful of individual habeus corpus writs declared detention illegal. Referring to the reports (ASK () p) of Ain O Salish Kendra (ASK), a human rights NGO, the UNDP Report on “Human Security in Bangladesh: in Search of Justice and Dignity” says that a total of 10, persons.   Judicial control over administrative discretion in the case of preventive detention. SCOPE The scope of the project relates to analysing the role of judicial control over administrative discretion in the case of preventive detention. OBJECTIVES & AIMS To find out the reason for conferment of discretionary power on administrative authorities.


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Preventive detention legislation and judicial intervention in Bangladesh by Quazi Reza-ul Hoque Download PDF EPUB FB2

Is now one of the leading e-commerce organizations in Bangladesh. It is indeed the biggest online bookshop or bookstore in Bangladesh that helps you save time and money.

You can buy books online with a few clicks or a convenient phone call. The legislation governing the administration and management of the preventive detention in Bangladesh is enumerated as The Special Powers ActThe Code of Criminal ProcedureThe Emergency Power Rule and Article of the Constitution of Bangladesh.

The outcome of this book will not only establish the best means for ensuring the maintenance of the rule of law but also for preventing undue intrusion on the fundamental human rights of individuals during emergency situations in Bangladesh.

This book will be of great interest and use to scholars and students of comparative constitutional law, human rights law and Asian law.

Preventive detention should be used only as a last resort and for emergency period only. So necessary legal reform must be made to stop the use of preventive detention in peace time. Scope of preventive detention must be curtailed and the grounds on which it could be allowed must be clearly stated down by the legislative authority.

- Judicial Control of Administrative Action in India, Pakistan & Bangladesh,Second Edition, The Law Book Company (P) Ltd., Allahabad. Previous page Next page All pages. Preventive Detention Laws legal instruments applied by the executive primarily to detain any person without any charge and trial.

Seemingly, these instruments run parallel to the penal laws that include all the grounds for which the detention law in general is enforced. 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. [61] Hossain54() BLD Judicial remedies against preventive detention and recommendations.

Though the Government generally used this preventive detention against the opposition but there are so many steps to get justice against preventive detention in Bangladesh.

Preventive Detention: an Historical Overview Law on Preventive Detention Preventive Detention and Individual Liberty The Rights of Detainees Conclusion Chapter Zimbabwe (J Hatchard) Preventive-Detention Laws in Rhodesia Preventive-Detention Laws in Zimbabwe Judicial.

This book will be of great interest and use to scholars and students of comparative constitutional law, human rights law and Asian law.

Given the law reform analysis undertaken in this work, it will also be beneficial for the policy makers in Bangladesh and for the policy makers of constitutional polities facing similar problems with the issue Author: M.

Ehteshamul Bari. Preventive detention, legislation and judicial intervention in Bangladesh. Dhaka: Bishwa Shahittya Bhavan, Hussain, Ray Zahid. Police rules (vols. 1, 2 and 3) with police act, and allied law. The apex court also directed the magistrates or judges not to make an order of detention of a person in the judicial custody if the police forwarding report disclose that the arrest was made for the purpose of putting the arrestee in the "preventive detention".

The verdict also asks a magistrate proceed against a law enforcement officer under. Since no systematic and structured research has so far been carried out evaluating the Bangladeshi Constitution's provisions concerning the proclamation of emergency, suspension of fundamental rights and preventive detention, and the invocation of these extraordinary measures, this book will enhance knowledge by identifying the flaws, deficiencies and lacunae of the constitutional provisions.

Preventive detention law is an ostensible demonstration to the electorate that the government is taking serious measures to protect the community against crime.

B Preventive Detention in Practice. The effective management of repeat offenders has been a persistent challenge for criminal justice systems in all Australian jurisdictions.

This book makes a significant contribution to the understanding of issues of comparative constitutionalism in emergent politics. Recurrent states of emergency in Malaysia, Sri Lanka and Bangladesh provide the background for a comparative examination of constitutional emergency powers, individual rights, and judicial review.

This work examines the extent to which the Court in these. Adjudication: Judicial determination (judgment) that a juvenile is responsible for the delinquency or status offense that is charged in a petition or other charging document.

Adult Jail: A locked facility, administered by State, county or local law enforcement andFile Size: 1MB. The International Politics of Judicial Intervention: Creating a More Just Order Andrea Birdsall KZB57 (New Book Shelf) Thomcat | Judges on Judging: Views from the Bench collected and edited by David M.

O’Brien KFA75 J82 Thomcat | Law and the Contradictions of the Disability Rights Movement Samuel R. Furthermore, during these five periods of emergency, either all or most of the fundamental rights guaranteed by the Constitution were suspended and the power of preventive detention was abused.

Quazi Reza-Ul Hoque, Preventive Detention Legislation and Judicial Intervention in Bangladesh, Bishwa Shahittya Bhavan, Dhaka,p. See Section I (B)(i). Dhaka Daily Star, 12/5/00, ‘Special Safety Act: People or Regime Security.’ Anti-terrorism legislation usually includes specific amendments allowing the state to bypass its own legislation when fighting terrorism-related crimes, under alleged grounds of necessity.

Because of this, suspension of regular procedure, such legislation is sometimes criticized as a form of lois scélérates which may unjustly repress all kinds of popular protests. No law providing for preventive detention shall be made except to deal with persons acting in a manner prejudicial to the integrity, security or defence of Pakistan or any part thereof, or external affairs of Pakistan, or public order, or the maintenance of supplies or services, and no such law shall authorise the detention of a person for a.

DETENTION TILL DATE Introduction: India became free in and the Constitution was adopted in It is extraordinary that the tramers of the Indian Constitution, who suffered most because of the Preventive Detention Laws, did not hesitate to give Constitutional sanctity to preventively detain persons without any judicial scrutiny.

PREVENTIVE DETENTION A. BAIL REFORM AND THE EVOLUTION OF PREVENTIVE DETENTION Preventive detention was part of the second generation of "bail reform" in the s and beyond." Historically, bail statutes were designed to assure the defendant's appearance at court proceedings.

The doctrine of judicial review—Bangladesh, UK, USA perspective. The concept of PIL—Bangladesh Perspective.

Amendments of the Constitution—A brief discussion on 14 Amendments. The Caretaker Government under the Bangladesh Constitution. The concept of preventive detention and the.

Get this from a library. States of emergency and the law: the experience of Bangladesh. [M Ehteshamul Bari] -- "In Bangladesh, the absence of effective constitutional safeguards for governing emergency regimes has resulted in each of the five emergencies being invoked on the imprecise ground of internal.

Aruna Sen v. Government of Bangladesh () 27 DLR (HCD) is a case of the High Court Division of the Supreme Court of Bangladesh. The case concerns unlawful detention under the Special Powers Act, (SPA). The judgement set a precedent for invalidating most detentions under the : High Court Division.

Discharge of person undergoing sentence of preventive detention. Rules. CHAPTER THE HABITUAL CRIMINALS (PREVENTIVE DETENTION) ACT.

Commencement: 13 September, An Act to make provision for the introduction in Uganda of preventive detention for habitual criminals. Court may impose sentence of preventive detention on certain persons. country. Preventive detention should be used sparingly only in exceptional circum-stances.

Keywords: Preventive detention, detenu, wrongful arrest, human rights, violation, government, state. Introduction Preventive detention is the most arguable topics of law in recent time.

That’s why a lot of people tried to give a exact definition of it. But. Refworld is the leading source of information necessary for taking quality decisions on refugee status. Refworld contains a vast collection of reports relating to situations in countries of origin, policy documents and positions, and documents relating to international and national legal frameworks.

The information has been carefully selected and compiled from UNHCR's global network of field. Thesis on Amendments of Bangladesh Constitution During the British colonial role and then 23 years constitutional history of Pakistan the arbitrary application of preventive detention’ law’ and emergency was so bitter that it left a good teaching to the AL that such provisions which are contradictory to the concept of nourishing living.

[*]Head of School and Chair of Law and Public Policy, La Trobe University Law School. This research was funded by an Australian Research Council Grant, DP, Preventive Detention of High Risk Offenders: The Search for Effective and Legitimate Parameters.

The authors thank the busy people who agreed to be interviewed for this research for their time and insights. We also thank Gail Casey. This book aims to educate mental health practitioners in the law relating to preventive detention and supervision schemes and how the legal requirements differ from clinical assessment practices.

Abdul Latif Mirza v. Government of Bangladesh 31 DLR (AD) 33 is a case of the Appellate Division of the Supreme Court of Bangladesh. The case concerns preventive detention. The court asserted the principles of natural : Supreme Court of Bangladesh.

Chapter 5 • Human Rights and Arrest, Pre-Trial and Administrative Detention 1See e.g. UN doc. E/CN.4//63, Report of the Working Group on Arbitrary Detention. 2UN doc. E/CN.4// 40, Report of the Working Group on Arbitrary Detention, para.

File Size: KB. Special Powers Act, [XIV of ] Section 2(1) and 3— Section 3 if authorises detention for protective purpose. It confers on the Government the power to detain an individual for the purpose of preventing him from doing one or other or the 8 prejudicial acts mentioned in.

Judicially-determined preventive detention is perhaps the most likely model to be implemented; all three preventive detention statutes so far enacted have employed a judicial model. However, it seems likely that the finding in Kable has severely circumscribed the potential scope of such legislation.

ISBN: OCLC Number: Description: 1 online resource (1 volume) Contents: Chapter 1 Introduction --chapter 2 General issues concerning the powers of emergency and the evolution of these powers in the Indo-Pak-Bangladesh Subcontinent --chapter 3 Suspension of the fundamental rights and the exercise of the power of preventive detention.

VALIDITY OF DETENTION 1 INTRODUCTION: Preventive detention is a serious invasion of personal liberty, hence, the order of Preventive detention has to be in conformity with the preventive detention law along with the constitutional provisions especially with Art, in order to be valid The judge-made law may also lays down some conditions of valid detention.

Historical background During British rule in India establishment of rule of law was seriously hampered due to section of the criminal procedure code and the preventive detention laws. The adapted interim constitution of Pakistan had no provisions foreshadowing the features of the Bill of Rights.

Counter-terrorism (also spelled counterterrorism), also known as antiterrorism, incorporates the practice, military tactics, techniques, and strategy that government, military, law enforcement, business, and intelligence agencies use to combat or prevent terrorism. Counter-terrorism strategy is a government's plan to use the instruments of national power to neutralize terrorists, their.

III The Judicial Approach. 1 ‘Law and Order’ Restrictions. a Preventive Detention Cases; b Externment Laws and Orders; c Arrest, Bail, and Related Procedures; 2 Laws and Measures Aimed at Positive Discrimination.

a Education; b Employment; 3 Laws and Measures Aimed at Public Safety, Health, Environment, and Land Acquisition. a Land Acquisition. (45) Thus, while Article (c) may authorize "preventive detention" for purposes of criminal law enforcement in regard to a particular crime, it is not relevant to "security detention" in the sense used here, i.e., detention for purposes of security or security-related interrogation, not for purposes of criminal prosecution.Preventive Detention by administrative power, as opposed to judicial detention, is defined as detention without judicial intervention or sanction.

This form of detention, inter alia, may be due to detention by the police (executive) for purposes of investigation [1] and also for the purposes of preventing some supposed ‘crime’ which has not.