Arrest and Detention Safeguard
Term “arrest and detention safeguards” refers to provisions. It also measures put in place to protect the rights of individuals who arrest or detained by the authorities. These safeguards intend to ensure that process of arrest, subsequent detention conduct in a fair, just and lawful manner. It serves as a check and counterbalance to prevent the abuse of power. It also protect the fundamental rights and freedoms of individuals.
Varies Aspect Of Protection
Protections usually cover various aspects, including:
Right to Inform:
Persons who arrest or detain have the right to inform of the reasons for their arrest and the reasons for their detention. They should be provided without delay with clear and specific information about the charges or allegations made against them.
Right to Legal Representation:
Every person who is arrest or detain has the right to consult and be represent by a lawyer of his choice. If they cannot afford legal representation, the state is obliged to provide them with legal aid.
Speedy Production Before a Judge:
Arrest persons must represent before a judge or judicial authority within a set time frame, usually within 24 hours. The purpose is to ensure that an independent body reviews the lawfulness of arrest and detention.
Right to Hear in Court:
Persons who detain have the right to represent before a court within a reasonable time. They have the opportunity to hear in person or through legal representation. It also allowing them to present their case and challenge the lawfulness of their detention.
Laws to Protect Against Preventive Detention:
Preventive detention refers to the detention of individuals without trial for preventive purposes. Safeguards are in place to regulate the use of such detention measures, including the establishment of review commissions. It also tribunals to regularly review the cases of detainees to ensure that their continued detention is justified and necessary.
Introduction To Article 10
Article 10 of the Constitution of Pakistan is entitle “ Safeguard At To Arrest and detention“. It contains provisions that protect the rights of individuals during arrest and detention. Here is a summary of the key points in Article 10.
Right to Inform:
Every person arrest or detain to be inform of the reasons for his arrest and the reasons for his detention. It must communicate to him without delay in a language he understands.
Right to Legal Representation:
Any person who arrest or detain has the right to consult a lawyer of his choice . If a person does not have the means to hire a lawyer, the state will provide legal aid.
Bringing Before a Magistrate:
Every person arrest must represent before a magistrate within twenty-four hours of arrest. A judge will decide whether the detention is lawful or not.
Right, to Hear in Court:
Every person who detain has the right to represent before a court within a reasonable time and to hear in person or through legal representation. The court will decide on the lawfulness of the detention and order the person’s release if it find to be unlawful.
Protection Against Preventive Detention Laws:
The Constitution provides certain safeguards against preventive detention laws to ensure that detention is not abuse. These safeguards include review commissions that review the cases of detainees, regular detention reviews and the right to challenge detention.
Sub Section Of Article 10
(1) No person who is arrested shall be detained without being informed as soon as possible of the reasons for his arrest, nor shall he be denied the right to consult and be defended by a lawyer of his choice.
(2) Every person who is arrested and detained in custody shall be brought before a magistrate within twenty-four hours of such arrest, excluding the time necessary to travel from the place of arrest to the court of the nearest magistrate, and no such person shall be detained in custody after the expiration of this period without the permission of the judge.
(3) Nothing in subsections (1) and (2) shall apply to a person who is arrested or detained under any law providing for preventive detention.
(4) No law providing for preventive detention shall be passed except in respect of persons acting in a manner prejudicial to the integrity, security or defense of Pakistan or any part thereof or the external affairs of Pakistan or public order or the maintenance of supply or service and no such law shall authorize the detention of a person for longer than 20 [three months], if the appropriate Review Board, after giving him an opportunity of being personally heard, has examined his case and reported before the expiry of the said period that in its opinion there is sufficient cause for such detention, and if in to continue the detention beyond the said period of [3 months] 21 unless his case has been reviewed by the relevant review commission and announced before the expiry of each three-month period that, in its opinion, there is sufficient reason for such detention.
(5) Where any person is detained pursuant to an order made under any remand law, the authority making the order shall communicate to such person 22 [within fifteen days] of such detention the grounds on which he made the order. has been made and shall give him as soon as possible an opportunity to object to the order:
Provide the authority making such order may refuse to disclose facts . The disclosure of which it considers to be contrary to the public interest.
(6) The authority making the order shall produce all documents relating to the case to the appropriate review committee unless a certificate sign by the Secretary to the Government concern that it is not in the public interest to produce any documents is produce.
(7) No person shall be detain on the basis of such an order for more than the total period within a period of twenty-four months commencing on the date of his first detention on the basis of an order issued under the Pre-trial Detention Act. eight months in the case of a person detained for conduct disturbing public order and twelve months in any other case.
(8) The competent review commission shall determine the place of detention of the detained person and establish a reasonable subsistence allowance for his family.
(9) Nothing in this Article 10 of Arrest and Detention Safeguard shall apply to a person who is for the time being an enemy alien.
10(A) Right to a Fair Trial:
A person has the right to a fair trial and due process for the determination of his civil rights and responsibilities or for any criminal charges against him.
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