Article 10. Safeguards as to arrest and detention:
(1) No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest, nor shall he be denied the right to consult and be defended by a legal practitioner of his choice.
(2) Every person who is arrested and detained in custody shall be produced before a Magistrate within a period of twenty-four hours of such arrest, excluding the time necessary for the journey from the place of arrest to the Court of the nearest Magistrate, and no such person shall be detained in custody beyond the said period without the authority of a Magistrate.
(3) Nothing in clauses (1) and (2) shall apply to any person who is arrested or detained under any law providing for preventive detention.
(4) No law providing for preventive detention shall be made except to deal with persons acting in a manner prejudicial to the integrity, security or defence of Pakistan or any part thereof, or external affairs of Pakistan, or public order, or the maintenance of supplies or services, and no such law shall authorise the detention of a person for a period exceeding 1[three months] unless the appropriate Review Board has, after affording him an opportunity of being heard in person, reviewed his case and reported, before the expiration of the said period, that there is, in its opinion, sufficient cause for such detention, and, if the detention is continued after the said period of 1[three months], unless the appropriate Review Board has reviewed his case and reported, before the expiration of each period of three months, that there is, in its opinion, sufficient cause for such detention.
Explanation I.-In this Article, “the appropriate Review Board” means,
(i) in the case of a person detained under a Federal Law, a Board appointed by the Chief Justice of Pakistan and consisting of a Chairman and two other persons, each of whom is or has been a Judge of the Supreme Court or a High Court: and
(ii) in the case of a person detained under a Provincial Law, a Board appointed by the Chief Justice of the High Court concerned and consisting of a Chairman and two other persons, each of whom is or has been a Judge of a High Court.
Explanation II.-The opinion of a Review Board shall be expressed in terms of the views of the majority of its members.
provided that the authority making any such order may refuse to disclose facts which such authority considers it to be against the public interest to disclose.
(6) The authority making the order shall furnish to the appropriate Review Board all documents relevant to the case unless a certificate, signed by a Secretary to the Government concerned, to the effect that it is not in the public interest to furnish any documents, is produced.
(7) Within a period of twenty-four months commencing on the day of his first detention in pursuance of an order made under a law providing for preventive detention, no person shall be detained in pursuance of any such order for more than a total period of eight months in the case of a person detained for acting in a manner prejudicial to public order and twelve months in any other case:
Provided that this clause shall not apply to any person who is employed by, or works for, or acts on instructions received from, the enemy 3[or who is acting or attempting to act in a manner prejudicial to the integrity, security or defence of Pakistan or any part thereof.
(8) The appropriate Review Board shall determine the place of detention of the person detained and fix a reasonable subsistence allowance for his family.
(9) Nothing in this Article shall apply to any person who for the time being is an enemy alien.
Article l0A. Right to fair trial:
For the determination of his civil rights and obligations or in any criminal charge against him a person shall be entitled to a fair trial and due process.
11. Slavery, forced labour, etc., prohibited.-(1) Slavery is non-existent and forbidden and no law shall permit or facilitate its introduction into Pakistan in any form.
(2) All forms of forced labour and traffic in human beings are prohibited.
(3) No child below the age of Fourteen years shall be engaged in any factory or mine or any other hazardous employment.
(4) Nothing in this Article shall be deemed to affect compulsory service-
(a) By any person undergoing punishment for an offence against any law; or
(b) required by any law for public purpose:
Article 12 :Protection against retrospective punishment
1. No law shall authorize the punishment of a person-
a. for an act or omission that was not punishable by law at the time of the act or omission; or
b. for an offence by a penalty greater than, or of a kind different from, the penalty prescribed by law for that offence at the time the offence was committed.
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