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October 21, 2016

Preventive Detention in Pakistan

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

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.

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.

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