(2) Every person who is arrested and detained in custody shall be produced before a magistrate
within a period of twentyfour 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
authorize 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.
(5) When any person is detained in pursuance of an order made under any law providing for
preventive detention, the authority making the order shall,2[within fifteen days] from such detention,
communicate to such person the grounds on which the order has been made, and shall afford him the
earliest opportunity of making a representation against the order :
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 twentyfour 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 :
1 Subs. by the Constitution (Third Amdt.) Act, 1975 (22 of 1975), s. 2, for "one month" (w.e.,f. the 13th February, 1975).
2 Subs. ibid., for "as soon as may be, but not later than one week" (w.e.f. the 13th February, 1975).
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