Practice Relating to Rule 99. Deprivation of Liberty
Section D. Prompt appearance before a judge or judicial officer
Countless pieces of domestic legislation contain provisions on the right to be brought promptly before a judge or other officer authorized by law to exercise judicial power. For instance, India’s Constitution (1950) provides fundamental guarantees for arrested persons, including the right to be produced before a magistrate.
In its judgment in the Peoples Union for Human Rights case
in 1991, India’s High Court of Gauhati directed the central government of India and the local government of Assam to instruct commissioned officers, non-commissioned officers, warrant officers and havildars that “any person arrested by the armed forces or other armed forces of the Union shall be handed over to the nearest police station with least possible delay and be produced before the nearest Magistrate within 24 hours from the time of arrest”.