THE continued use of the controversial provisions of the Special Powers Act during the interim government’s tenure contradicts its stated commitment to human rights. The High Court directive asking the government to explain why the detention of a college student and a city corporation sweeper under the Special Powers Act, 1974, should not be declared illegal is commendable. The detainees, Md Inzamamul Haque, 22, a second-year student in the Department of Islamic History and Culture at Victoria College, and Sany Das, 30, a sweeper with Narayanganj City Corporation, have been held at Kashimpur High Security Jail in Gazipur since November 10, 2025. Their arrests followed a detention order issued by the home ministry, which accused them of involvement with the now-banned Awami League and alleged that they were destabilising public order. The lawyers of the detainees filed the petition with the High Court denouncing the blanket claims of the detention order and said that the detainees are not involved in any criminal, subversive or anti-state activities. These are one of many such cases of arbitrary detention that took place in the name of undoing the criminal nexus of the fallen regime.
The abuse of the repressive provision of the Special Power Act also came to public attention in April 2025, when it was used to detain a model and chairperson of the Miss Bangladesh Foundation, Meghna Alam. On the grounds that she was out to deteriorate interstate relations and defame a foreign diplomat, she was sent to jail for 30 days under the SPA. These particular provisions of the SPA remained an obstacle to ending practices of arbitrary detention and an instrument to trample constitutional protections. According to Article 33(1) of the Constitution, any arrested individual must be promptly informed of their alleged crime and must have access to legal counsel. Additionally, Article 32 explicitly guarantees protection against arbitrary deprivation of life and liberty. The SPA permits indefinite detention without charge, counsel or remedy, casually undermining the principle of habeas corpus, which is foundational to any legitimate democracy. It is particularly unfortunate that the government formed through a mass uprising used a draconian law which was reminiscent of the way people used to be detained and imprisoned under the previous regime.
The government should, under the circumstances, take immediate steps to prevent any future arrest under the repressive provisions of the Special Power Act and consider forming a body with concerned stakeholders to review the provisions of the law and repeal as necessary to end arbitrary detention. All political parties, as they electioneer for the national election to be held on February 12, must commit to ending practices of arbitrary detention.
