The Special powers act, 1974

Abstract

Special Powers Act, 1974 promulgated on 9 February 1974 (Act XlV of 1974) providing special measures for prevention of certain prejudicial activities and for conducting more speedy trial and effective punishment for certain grave offences. It was a follow-up of the repealed Security Act, 1952, Public Safety Ordinance, 1958 and Bangladesh Scheduled Offences (Special Tribunal) Order, 1972 (President's Order No. 50 of 1972).

Political exigencies were, however, instrumental in prompting amendments or deletion, or insertion of additional provisions, especially with regard to freedom of the press. The major insertions were related to counterfeiting currency notes and government stamps, smuggling, adulteration of food and drink, drugs and cosmetics, conspiracy to commit offences as well as related offences by companies. Under section 2, the Act defines a prejudicial act as any deed which is intended or likely to (i) prejudice the sovereignty or defence of Bangladesh; (ii) prejudice the maintenance of friendly relations of Bangladesh with foreign states; (iii) prejudice the security of Bangladesh or to endanger public safety or maintenance of public order; (iv) create or excite feelings of enemity or hatred between different communities, classes or sections of people; (v) interfere with or encourage or incite interference with the administration of law or maintenance of law and order; (vi) prejudice the maintenance of supplies and services essential to the community; (vii) cause fear or alarm to the public or any section of the public; and (viii) prejudice the economic or financial interests of the state