Supremacy of fundamental rights/ laws inconsistent with or in derogation of fundamental rights to be void ;-
(Article: 8)
1) Any law, or any custom or usage having the force of law, if it is inconsistent with the rights conferred by the chapter on fundamental rights would be void to the extent of such inconsistency .
2) The state shall not make any law which takes away or abridges the rights and any law made in contravention of this clause shall be void.
3) Exceptions:-
The provisions of this Article shall not apply to
· any law relating to members of the armed forces, police or of such other forces as are charged with the maintenance of public order.
· To any laws specified in 1st schedule.
· To ant law specified in part 1 of 1st schedule.
4) Notwithstanding anything contained in paragraph (b) of clause (3), within a period of two years from the commencing day, the appropriate Legislature shall bring the laws specified in 2[Part II of the First Schedule] into conformity with the rights conferred by this Chapter:
5) Provided that the appropriate Legislature may by resolution extend the said period of two years by a period not exceeding six months.
6) Explanation.-
If in respect of any law 3[Majlis-e-Shoora (Parliament)] is the appropriate Legislature, such resolution shall be a resolution of the National Assembly.
7) The rights conferred by the chapter on fundamental rights shall not be suspended except as expressly provided by the Constitution.
Article 9: Security of person
No person shall be deprived of life or liberty saves in accordance with law.
Safe guard as to arrest and detention
Article #10
General arrest;-
Arrest can be defined as seizing and taking a person by legal authority. A person can be arrested for both cognizable and non-cognizable offences depending on the nature and gravity of offence. In case of cognizable offences, a police official can make arrests without a warrant or court's approval. Examples of cognizable offences are murder, rape and dacoity, while that of no cognizable offences are mischief and simple hurt. In non-cognizable offences, a police officer can arrest a person only after obtaining a court warrant. Article 10 of Constitution of Pakistan 1973, deals with the general arrest. It provide the person who is arrest the following right and safeguard.
1) He shall be inform of the grounds for his arrest as soon as possible.
2) He shall be allowed to consult and be defend by a legal practitioner of his own choice.
3) He shall be produce before a magistrate within24 hour of his arrest excluded the time
necessary for journey if any from the place of arrest to court of the magistrate.
4) He shall not be detained longer than the said period with the sanction of the magistrate.
Preventive Detention in Pakistan;-
Preventive detention means to detain a person in any particular place in order to prevent any upcoming disaster. Article 10 of Constitution of Pakistan 1973, deals with the preventive detention and its procedure. It provides that no law providing for preventive detention shall be made except to deal with persons acting in a manner prejudicial to the integrity, security or defense of Pakistan or any part thereof, or external affairs of Pakistan or public order or the maintenance of supplies or services.
Period of Preventive Detention;-
Maximum period of detention under any law must not exceed three months. For more detention, formation of Review Board is necessary who can authorize such detention beyond three months but only after describing sufficient cause for such detention. After expiry of further 3 months, Review Board again authorizes the detention for further 3 months after giving reasons.
Review Board;-
Federal review board;-
In case a person is detained by Federal Law, Review Board be appointed by Chief Justice of Pakistan,
consists of Chairman and two other members, each of whom is or has been judge of High Court or Supreme Court.
Provincial review board;-
In case person is detained by Provincial law, review board be appointed by Chief Justice of concerned High Court, consists of chairman and two other members, each of whom is or has been judge of High Court.
Procedure to be adopted by Authority;-
When any person is detained in pursuance of an order made under any law providing for preventive detention, the authority making the order shall (within 15 days) from such detention, communicate to such person the grounds of order and shall afford him early opportunity of making representation against the order.
Maximum limit of Preventive Detention;-
No person shall be detained in pursuance of any such order for more than a total period of 8 months and in case of person detained for acting in manner prejudicial to public order and 12 months in any other case.
Place of Preventive Detention;-
It can be any place and Review Board shall determine the place of detention of person and also fix the reasonable subsistence allowance for his family.
Exception ;-
1) Nothing in article 10 shall apply to any person who is an alien enemy. or
2) Who is work or act for enemy or
3) Who is acting in such a manner prejudicial to the integrity or security or defense of Pakistan.
