Extrajudicial Killings: An Opposite Idea of Protection Under Article 35(5) of the Constitution of Bangladesh

Abstract

Extrajudicial killings indicate a poor as well as a paralyzed criminal justice system. It is also opposite to the protection mentioned under Article 35 (Protection in respect of trial and punishment) of the constitution of Bangladesh. Although as a supreme law of the country the constitution provides some distinct protections, in the context of criminal justice system the idea of extrajudicial killings explains different scenario which are absolutely contradictory to the legal protection ensured by the constitution. The fundamental purpose of a criminal justice system is not to punish an innocent, rather control crime for maintaining peace in the society. This article will endeavour to critically analyse the extra-judicial killings in the light of Article 35(5) of the constitution of Bangladesh, will critically evaluate the differences between theory and practice as well as contradictory ideas regarding extrajudicial killings and the enforcement of Article 35(5) of the constitution from different perspectives.