Special Powers Act, 1974

The Special Powers Act, 1974
Constitution of Bangladesh
Long title An Act to provide for special measures for the prevention of certain prejudicial activities, for more speedy trial and effective punishment of certain grave offences and for matters connected therewith.
Citation	Act No. XIV of 1974
Passed by	Jatiya Sangsad
Passed	9 February 1974
Legislative history
Bill citation	The Special Powers Act, 1974 (ACT NO. XIV OF 1974)
First reading	29 January 1974
Second reading	6 February 1974
Third reading	9 February 1974
Status: In force

Special Powers Act, 1974 is an Act of parliament in Bangladesh. The law allows the government of Bangladesh to detain people indefinitely without bringing any formal charges against them.

History

The act was passed in 1974 to replace the Security Act of Pakistan 1952, the Public Safety Ordinance of 1958 and the Bangladesh Collaborators (Special Tribunals) Order, 1972. ^[1] The law targets smuggling, hoarding, and damaging actions. ^[1] The law allows the government to detain individuals on preventive ground. ^[1] The Awami League dominated Bangladesh Parliament passed the law on 9 February 1974. ^[2] The Awami League was criticised for passing the law. ^[3] The law was opposed by Ataur Rahman Khan and Abdus Sattar. ^[2] Individuals can be detained up to six months without being charged and indefinitely if endorsed by the advisory board constituted under the Act. ^[2] The Bangladesh Nationalist Party maintained it when they came to power, despite having promised to remove it in their election manifesto. ^{[2] [4]} Sheikh Hasina called for its removal but after becoming Prime Minister called it useful. ^[2]

In 1990, section 16(2) of the act was repealed through an amendment but the police were filing cases under the section into 2018. ^[5] The High Court Division ordered the police to stop using the section since it was removed through an act of parliament. ^[6]

In December 2020, Bangladesh Police charged four persons under the act for vandalizing a statue of Sheikh Mujibur Rahman. ^[7] In 2022, the government was asked to use the act to take action against food hoarding by traders. ^[8]

Criticism

In 2022, Bangladesh Jamaat-e-Islami has called for the repeal of the Special Powers Act, along with the Anti-Terrorism Act, 2009, and the Digital Security Act, 2018. ^[9] The Bangladesh Nationalist Party has also demanded for the removal of the law. ^{[4] [10]} An editorial in the Daily Star described the act as "draconian", used by governments to harass their political opponents. ^[11] Human Rights Watch has similarly urged the government to repeal the law, citing serious human right concerns. ^[12]

References

1. "Special Powers Act, 1974". Banglapedia. Retrieved 2022-12-13.
2. Bhuiyan, Md. Jahid Hossain. "Preventive detention law in Bangladesh: A review". The Daily Star. Retrieved 2022-12-13.
3. Majumdar, Badiul Alam (2018-10-01). "All that glitters is not gold". The Daily Star. Retrieved 2022-12-13.
4. "Will BNP's quitting JS help it?". The Business Standard. 2022-12-12. Retrieved 2022-12-13.
5. Sarkar, Ashutosh (2018-07-24). "Section 16(2) Of Special Powers Act: Scrapped yet used for arrest". The Daily Star. Retrieved 2022-12-13.
6. "No cases or arrests under Sec 16: HC". Daily Sun. Retrieved 2022-12-13.
7. "Case filed under Special Powers Act, 4 arrested over Mujib sculpture vandalising". New Age. Retrieved 2022-12-13.
8. "Experts for strict application of Spl Power Act - Front Page". The Daily Observer. Retrieved 2022-12-13.
9. "CTTC arrests Jamaat Ameer Shafiqur Rahman". The Business Standard. 2022-12-13. Retrieved 2022-12-13.
10. "Bangladesh's Opposition Demands Government's Resignation at Massive Dhaka Rally". The Diplomat. Retrieved 2022-12-13.
11. Mazhar, Farhad; Elan, Abu Saleh Mohammad. "Who's Security?". The Daily Star. Retrieved 2022-12-13.
12. "Letter to PM Sheikh Hasina with Recommendations to Improve Human Rights in Bangladesh". Human Rights Watch. 2009-01-29. Retrieved 2022-12-13.