ABSTRACT
The Constitution Act, 1973, which inserted provisions concerning the proclamation of emergency and suspension of the enforcement of fundamental rights during the continuance of emergency, replaced the original Article 33 with one that empowers the Parliament to pass laws concerning preventive detention. This chapter evaluates the provisions concerning preventive detention contained in the Constitution of Bangladesh and Bangladeshi statutes – both permanent and temporary. It focuses on the exercise of the power of preventive detention during declared periods of emergency in Bangladesh and the judicial response to the exercise of such power. The chapter examines these laws and their exercise during the five periods of emergency. The chapter argues that the Appellate Division (AD) of the Supreme Court adopted a highly deferential attitude towards the executive and overturned almost all the orders of the High Court Division (HCD) directing the release of detainees from preventive custody.
