police custody is ordered, the Magistrate must record the
reasons for such a decision. While in police custody, an
accused is entitled to have interviews with legal advisers and
also to have food and clothing supplied by relatives.
In cases of preventive detention, the Constitution prohibits
the detention of a person for a period exceeding six months
unless an Advisory Board consisting of three persons, of
whom two shall be persons who are, or have been, or are
qualified to be appointed as, Judges of the Supreme Court
and the other shall be a person who is a senior officer in the
service of the Republic, has, after affording him an
opportunity of being heard in person, reported before the
expiration of the said period of six months that there is, in its
opinion, sufficient cause for such detention.36 It is mandatory
that the authority making the order of preventive detention
shall, as soon as may be, communicate to the detainee the
grounds on which the order has been made, and shall afford
him the earliest opportunity of making a representation
against the order.37 These provisions are translated into the
Special Powers Act, 1974.
Safeguard as to Trial and Punishment:
The Constitution also sets forth a number of protections in
respect of trial and punishment. Ex post facto legislation is
prohibited, in that according to Article 35, “no person shall
36
37
38
Article 33 (4) of the Constitution.
Article 33 (5) of the Constitution.