Violation of Fundamental Right by Preventive Detention
TABLE CONTENTS
DESCRIPTION
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Page No:
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CHAPTER-1
INTRODUCTORY
CHAPTER
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1.1 Introduction
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02
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1.2.
Objective of this Study
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03
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1.3
Research Methodology
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03
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CHAPTER-2
CONCEPT OF
PREVENTIVE DETENTION
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2.1
Definition of Preventive Detention
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05
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2.2
History of Preventive Detention
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05
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2.3
Nature and Justification of Preventive Detention
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07
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2.4 Review by
an Advisory Board
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08
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2.5 Rights to Communication of Grounds of Detention.
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08
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2.6 Rights of Representation against the order of
Detention
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09
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2.7 Judicial Control- Satisfaction of Detaining
authority
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09
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2.8 Necessity of Preventive
Detention
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10
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2.9 Judical Remedies against
Preventive Detention:
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10
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2.9.1 Writ of Habeas Corpus
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11
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2.9.2 Suo
Motu Rule
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12
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2.9.3 Compensation for Wrongful Arrest
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12
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2.9.4 Review of Advisory Council
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12
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2.10 Demerits of Preventive Detention
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14
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CHAPTER-
3
PREVENTIVE
DETENTION LAWS IN BANGLADESH
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3.1
Associated Articles of Bangladesh
Constitution.
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17
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3.2. Arrest
and Detention Under Section 54 of The Code of Criminal Procedure.
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19
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3.3 Arrest and Detention Under the
Emergency Power Rules, 2007
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22
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3.4
Preventive Detention under the special Powers Act, 1974
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23
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3.5 Unfair
Trials
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30
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3.6 Arbitrary
arrest and Unfare Trials
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30
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CHAPTER- 4
PREVENTIVE
DETENTION LAWS IN OTHER COUNTRY
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4.1
Preventive Detention in India
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33
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4.2 Preventive Detention in Pakistan
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35
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4.2.1
Fundamental Rights under the Constitution
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36
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4.2.2
Preventive Detention Under the Criminal
Procedure Code.
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37
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4.3 Preventive Detention in UK
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39
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4.3.1 Britain’s Emergency executive Powers
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39
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4.4 Preventive Detention in USA
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40
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CHAPTER-5
COMPARISON BETWEEN PREVENTIVE DRTENTION AND HUMAN
RIGHT
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5.1 Comparison of the Special
Power Act with International Human Rights Norms
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45
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5.2 Preventive Detention Laws: the
Black Laws of Bangladesh
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47
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5.3 Preventive Detention in
Bangladesh: A Review
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51
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5.4 Cases relating to the Preventive Detention
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54
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5.5 Preventive detention in Bangladesh &
Constitutional Safeguards
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60
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CHAPTE-6
CONCLUDING
REMARKS
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6.1 Recommendations
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62
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6.2 Conclusion
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64
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BIOBL10GRAPHY
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