| Short Title: | The Special Powers Act, 1974 |
| 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 |
| Legislature: | Constitution of Bangladesh |
| Enacted By: | Jatiya Sangsad |
| Date Passed: | 9 February 1974 |
| Bill Citation: | The Special Powers Act, 1974 (ACT NO. XIV OF 1974) |
| 1St Reading: | 29 January 1974 |
| 2Nd Reading: | 6 February 1974 |
| 3Rd Reading: | 9 February 1974 |
| Status: | in force |
Special Powers Act, 1974 is a law of Bangladesh. The law allows the government of Bangladesh to detain people indefinitely without charging them with anything.
The law was passed in 1974 to replace the repealed Security Act of Pakistan,1952, the Public Safety Ordinance of 1958 and the Bangladesh Collaborators (Special Tribunals) Order, 1972.[1] The law targets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. The law allows the government to detain on preventive ground. 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. Individuals can be up to six months without being charged and indefinitely if endorsed by the advisory board. Bangladesh Nationalist Party maintained it when they came to power despite promising to remove it in their election manifesto.[4] Sheikh Hasina called for its removal but after becoming Prime Minister called it useful.
In 1990, section 16(2) of the act was repealed through an amendment but police were filing cases under the section into 2018.[5] Bangladesh High Court ordered police to stop using the section since it was removed through an act of parliament.[6]
In December 2020, Bangladesh Police charged four 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]
In 2022, Bangladesh Jamaat-e-Islami has called for the law to be repealed along with Anti-Terrorism Act, 2009 and Digital Security Act, 2018.[9] Bangladesh Nationalist Party has also called for the removal of the law.[10] An editorial in The Daily Star described the law as "draconian" used by governments to harass their political opponents.[11] Human Rights Watch has urged the government to repeal the law citing human right concerns.[12]