QLC CONSTITUTION OF ISLAMIC

REPUBLIC OF PAKISTAN, 1973

LLB – II
Arrest & Detention
1. INTRODUCTION 2010 PCrLJ 1253 LAHORE-HIGH-COURT-LAHORE
Person arrested has a constitutional right to the services of a counsel and,
therefore, he must be given reasonable opportunity to engage a counsel---Counsel so
engaged must also be given reasonable opportunity to defend the accused---Basic
principle underlying such exercise is that no one should be condemned unheard.
2. RELEVANT PROVISION
Article 10 of constitution of Pakistan 1973
3. CROSS REFERENCE
 Section 42 through 59 of Code of Criminal Procedure 1898
 Articles 4, 9, 184(3).199 of Constitution of Pakistan 1973
 Section 3 of The Punjab Maintenance of Public Order Ordinance, 1960
4. FUNDAMENTAL RIGHTS
Rights as to
 Person (body) life (9,10,11,12,13,14)
 Freedom (15,16,17,18,19)
 Religion (20,21,22)
 Property (23,24)
 Equality (25)
 Non discrimination (26,27)
 Language (28)
5. PURPOSE OF ARTICLE 10

The main purpose of these provisions is to curb anti social and anti
Pakistan elements.

6. SAFEGUARDS AS TO ARREST AND DETENTION

 U/ A 4 it is the right of every person to be dealt with in

accordance with law.
 U/A 9 no person shall be deprived of his life, liberty save in
accordance with law.

2010 SCMR 755

Trial of accused in absentia is violative of Arts.9 & 10(1) of the Constitution
and S.10(11-A) of the Anti-Terrorism Act, 1997---Condemning of accused without
affording an opportunity of hearing is also contrary to the principles of natural
justice.
7. MEANING OF ARREST AND DETENTION

I. Literal Meaning
a) Arrest
b) Detention

II. Legal Meaning

 a) Arrest
b) Detention

III. Differences between arrest and detention

a) Physical custody
b) Placement
c) By whom /Authority

8. CATEGORIES OF PERSONS WHO MAY BE ARRESTED OR DETAINED

U/A 10
A) Persons arrested for ordinary crimes
B) Persons acting in a prejudicial manner
C) Alien Enemies

9. SAFEGUARDS /RIGHTS OF PERSONS ARRESTED FOR ORDINARY

CRIMES

I. Knowledge of reason of arrest or detention to person being

arrested or detained u/a 10(1)

II. Right to consult and be defended of his own choice u/a 10(1)
III. Production before magistrate u/a 10(2)

Within 24 hrs

 Exception
Time of journey
Excluding the time necessary for journey from the place of
arrest to the court of the nearest magistrate.

IV. No more detention than the said time (24 hrs) without
Magistrate’s permission.

V. preventive detention shall not apply 10(3)

10. SAFEGUARD FOR PERSONS FALLING IN 2ND CATEGORY

i. Preventive detention

ii. Period for preventive detention 10 (4)

3 months

iii. Communication of grounds of arrest to the detenue 10(5)

Within 15 days of arrest

iv. Detention period for person acting against public order u/a
10(7)
 8 months within 24 months

v. Detention period for persons in other cases

12 months within 24 months

11. PERSONS FALLING IN 3RD CATEGORY u/a 10(9)

I. Alien Enemy
II. No Application of Article 10 on alien enemy
12. THE APPROPRIATE REVIEW BOARD

Appropriate board review

Federal review board provincial review board

3 members 3 members

Each of them is or has Each of them is or has been

been judge of HC or judge of HC
SC

Appointed by chief appointed by chief justice

Justice of Pakistan of representative high court

ii. Where authority doesn’t want to disclose grounds

In public interest, a secretary of government shall sign a certificate to this
effect and present it before Board.

iii. Duties of Board

a) Determination of place of detention of the detenue

b) Fixation of reasonable subsistence allowed for detenue’s family

13. ENFORCEMENT OF FUNDAMENTAL RIGHTS

 SUPREME COURT 184(3)

 HIGH COURT (199)

2009 YLR 2475 LAHORE-HIGH-COURT-LAHORE

High Court can issue a writ of habeas corpus if the custody of the person is found
violative of Arts.9 & 10 of the Constitution.

14. CONCLUSION