1[11EEEE. Preventive detention for inquiry. 2[(1) The Government or, where the provisions
of section 4 have been invoked, the armed forces or civil armed forces, as the case may be, subject to
the specific or general order of the Government in this regard. for a period not exceeding three
months and after recording reasons thereof, issue order for the preventive detention of any person
who has been concerned in any offence under this Act relating to the security or defence of Pakistan
or any part thereof, or public order relating to target killing, kidnapping for ransom, and
extortion/bhatta, or the maintenance of supplies or services, or against whom a reasonable complaint
has been made or credible information has been received or a reasonable suspision exists of his
having been so concerned, for purpose of inquiry:
Provided that the detention of such person, including detention for further period after three
months, shall be subject to the provisions of Article 10 of the Constitution.]
(2) The inquiry under subsection (1) may be conducted by a police officer not below the
rank of Superintendent of Police or through a Joint Interrogation Team (JIT) to be notified by the
Government comprising a police officer not below the rank of Superintendent of Police and officers
of other investigation agencies and the powers of the inquiry officer will be vested as per section 5 of
the Federal Investigation Agency Act, 1974 (VIII of 1975) [:]2
2[Provided that where the detention order has been issued by the armed forces or civil armed
forces under subsection (1), the inquiry shall be conducted by the JIT comprising members of armed
forces or civil armed forces, as the case may be, intelligence agencies and other law enforcement
agencies, including a police officer not below the rank of Superintendent of Police.]
2[(2A) The provisions of subsections (1) and (2) shall remain in force for such period as may be
notified by the Government from time to time:
Provided that such period shall not exceed two years from the commencement of the Anti
terrorism (Amendment) Act, 2014 (VI of 2014).]
(3) The detenue shall be produced in camera before the presiding officer of the court or in his
absence before the District and Sessions Judge or the Magistrate appointed under the Shariah Nizam
eAdl Regulation, 2009, within twentyfour hours of his detention, and before the presiding officer of
the court if and when any extension in the period of detention is requested.
(4) During inquiry the concerned police officer not below the rank of Superintendent of
Police or equivalent officer of the law enforcement agencies or the members of Joint Interrogation
Team (JIT) as the case may be, shall have all the powers relating to search, arrest of persons and
seizure of property, and other relevant material connected with the commission of offence and shall
have all the powers as Police Officer has in relation to the investigation of offences under the Code or
any other law for the time being in force:
1 Ins. by the Antiterrorism (Second Amdt.) Act, 2013 (XX of 2013), s. 6.
2 Subs. and ins. by Act 2014 (VI of 2014), s.3.
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