Bangladesh
The High Court has ruled that preventive detention cannot be used to punish an accused who is already in custody in a criminal case. The court observed that preventive detention is intended to prevent possible harmful acts in the future, not to impose additional punishment on someone already detained.
The ruling came as the court declared illegal a 90-day preventive detention order issued against Rangpur city unit Juba League president Sirajul Monir Bashar under the Special Powers Act. The bench of Justice Sashanka Shekhar Sarkar and Justice Urmee Rahman delivered the verdict on February 22, with the full text of the judgment published on the Supreme Court website on March 5.
The bench pronounced the verdict after hearing a habeas corpus writ petition filed by Mst Umme Habiba, sister of the detainee. The court's decision underscores the principle that preventive detention should not be misused to extend the incarceration of individuals already facing legal proceedings.
Legal experts have welcomed the ruling, stating that it reinforces the protection of individual rights and prevents potential abuse of preventive detention laws. The judgment is expected to influence future cases where preventive detention is considered for individuals already in custody.
As the legal community analyzes the implications of this ruling, it serves as a reminder of the judiciary's role in upholding constitutional rights and ensuring that legal provisions are applied justly and appropriately.
