religion, political or other opinion, national or social origin,
property, birth, or other status.30
Arrest and Detention:
The Constitution recognises that to enjoy the protection of
the law, and to be treated in accordance with law, and only in
accordance with law, is the inalienable right of every citizen,
and therefore, stipulates that no action detrimental to the
life, liberty, body, reputation or property of any person shall
be taken except in accordance with law.31 It is also
guaranteed in the Constitution that no person who is
arrested shall be detained in custody without being informed
of the grounds for such arrest, nor shall she be denied the
right to consult and be defended by a legal practitioner of her
choice.32 The Constitution also stipulates that “[e]very
person who is arrested and detained in custody shall be
produced before the nearest magistrate within a period of
twenty four hours of such arrest, […] and no such person
shall be detained in custody beyond the said period without
the authority of a Magistrate”.33 The relevant provisions of
the Code of Criminal Procedure (CrPC) as well as judicial
decisions dealing with the rights of arrested persons
conform to this constitutional standard.
31
Articles 31 and 32 of the Constitution.
Article 33 (1) of the Constitution.
33
Article 33 (2) of the Constitution.
34
Abdur Rahman vs. the State, 29 DLR 256 SC.
32
36