Practice Relating to Rule 99. Deprivation of Liberty
In its judgment in the Baluch case in 1968, the Supreme Court of Pakistan stated:
It is well-settled that a law is not to be given retrospective effect unless it is expressly or by necessary intendment made retrospective … In the present case, what was under challenge in the High Court, was the validity of the detention order passed on the 11th August 1966, which was made before the present amendments came into force. The validity of that order has, of necessity, therefore, to be judged on the basis of the law prevailing on that day.
Pakistan’s Anti-Terrorism Act (1997) states:
Where a person is detained for investigation, the Investigating Officer, within twenty-four hours of the arrest, excluding the time necessary for the journey from the place of arrest to the Court, shall produce the accused before the Court, and may apply for remand of the accused to police custody, for which the maximum period allowed may be not less than thirty days at one time:
Provided that, where an accused cannot within twenty-four hours be produced before the Court, a temporary order for police custody not exceeding twenty-four hours may be obtained from the nearest Magistrate for the purpose of producing the accused before the Court within that period.