At least 37 individuals have reportedly been detained under the controversial Special Powers Act of 1974 during the past eight months of the interim government led by Professor Yunus in Bangladesh.
According to sources cited by BBC Bangla, five people were detained under the Act as recently as April 18, 2025. Rights organizations and legal experts have long criticized the misuse of the Act, alleging it leads to serious human rights violations.
The recent arrest and imprisonment of model Meghna Alam have brought renewed attention to the application of this law. Among the 37 individuals detained under the Act since the August 5 regime change, four are women, including Alam.
Investigations suggest that the interim government, formed after the fall of the Awami League on August 5, 2024, has used the Special Powers Act against several individuals, including those involved in politically or socially sensitive incidents. One recent example is a case filed under the Act following the burning of motifs during Dhaka University’s Bengali New Year rally.
Human rights lawyers argue that many of these detentions under the Act are violations of fundamental rights. Advocacy groups have consistently expressed concern about the use of this colonial-era law.
On April 8, the Ministry of Home Affairs issued a letter extending the detention of four individuals for another 60 days under the Act. The letter cited Section 3(1) of the 1974 law, which allows detentions to prevent “disruptive or harmful activities affecting public order.” These four detainees, including two women, are residents of Chattogram and reportedly have affiliations with the Awami League.
Among them is Rekha Alam Chowdhury, a former city councilor and acting panel mayor of Chattogram City Corporation, and Jinnat Sultana Jhuma, a member of the Chattogram unit of the ruling party’s women’s youth wing. Both were initially arrested under Section 54 of the Criminal Procedure Code, commonly criticized for enabling arbitrary detention.
Jhuma’s brother, Mosharraf Hossain Arju, told BBC Bangla that his sister was first sentenced to one month in prison, then an additional two months.
“She was taken from her home without cause. She worked in a private company and has an eight-year-old daughter who cries every day. They are using a black law to keep her locked up without justification” .
Arju, a former leader of the BNP’s student wing, claimed to have taken part in street protests during the July uprising and questioned the purpose of that movement if the same oppressive laws remain in place.
The other two individuals detained are Md. Moshiur Rahman from Halishahar and Md. Dastagir Ahmad Sumon from Khulshi.
Widespread Concerns Over Human Rights Violations
The Special Powers Act has been used by successive governments over the last 50 years, and its application has repeatedly been criticized for violating human rights. Ironically, some current government advisers have previously spoken out against the law or been victims of it themselves.
One such adviser, Farida Akhter, successfully challenged her family member’s detention under the Act in the 1990s. However, when approached for comment on its current use, she declined to respond.
Author and activist Farhad Mazhar, who was imprisoned under the law in 1995, offered harsh criticism of the current legal framework post-uprising:
“The constitution still contains laws that go against civil liberties and people’s rights. These are colonial-era laws. Why do they still exist?”
“People have even been arrested under sedition laws during this government’s term simply for speaking about their rights. This is unacceptable.”
Mazhar also recalled the 2016 case of garment labor organizer Ahmed Jibon, who was detained under a now-repealed section of the Act. The High Court later declared the detention illegal and instructed the police not to use abolished clauses.
Constitutional expert Dr. Shahdeen Malik, who has studied the Act extensively, said it has been used to detain an estimated 30,000 to 200,000 people within its first 30 years. However, no precise statistics exist for the total number detained over its five-decade history.
“All governments have misused this law. During chaotic periods post-independence, the law was enacted and later abused. When 30,000 to 200,000 people were detained, surely not all of them were planning sabotage or harming foreign relations. It’s the same kind of overreach we now see—like filing murder charges against 150 people in one case.”
While its use reportedly declined in the past 20 years due to the judiciary’s stricter stance, the Special Powers Act remains in force, particularly its three key clauses that allow detention if someone is considered a threat to national security, foreign relations, or public safety.
Legal Experts Call for Repeal
Prominent human rights lawyer Sara Hossain, who recently filed a writ petition against Meghna Alam’s detention, has strongly called for the law’s repeal:
“The law allows detention without cause and denies legal counsel for up to 30 days, which can be extended to six months without a review. Why should such a law exist in Bangladesh today?”
Three clauses of the law—Sections 16, 17, and 18—were repealed in 1990 after the fall of the Ershad regime. The first BNP government passed amendments to the law in 1991. Notably, Clause 34(c) still permits execution by hanging or firing squad for those sentenced to death under the Act.
Farhad Mazhar argued that the law’s survival reflects a deeper failure to reform the constitution post-uprising:
“After August 8, we called for a new constitution that would guarantee civil rights. Instead, the old colonial laws were preserved. Now the same people complaining will be the ones targeted under these laws when Sheikh Hasina returns to power. Why keep such laws if the government itself is illegitimate?”
Government Response and Justifications
When asked about continued detentions under the law, neither the Home Ministry nor the Legal Adviser provided comments to BBC Bangla.
However, during a press briefing on Tuesday, the Chief Adviser’s Special Assistant Md. Khoda Bakhsh Chowdhury admitted that the government has imprisoned others besides Meghna Alam under the Act. He claimed the detentions were lawful.
In contrast, Legal Adviser Asif Nazrul admitted that there were procedural flaws in Meghna Alam’s arrest.
