6. Scope and extent – Conveyance of the grounds and substance on the basis of which the accused is arrested, is the first essential ingredient of S.24(d) of the National Accountability Bureau Ordinance, 1999 which is mandatory in nature and has to be complied with in letter and spirit as the same is based on the Constitutionally guaranteed right providing safeguards as to arrest and detention of a person embodied in Art.10 of the Constitution – Non-compliance of such provisions of the Constitution and the Ordinance would render the arrest and detention of the detenu illegal – Principles. Conveying the grounds and substance on the basis of which the accused is arrested, is the first essential ingredient of section 24, National Accountability Bureau Ordinance, 1999 which is mandatory in nature and has to be complied with in letter and spirit as it is based on the Constitutionally guaranteed right providing safeguards as to arrest and detention of a person embodied in Article 10 of the Constitution, The first and foremost requirement of Article 10 of the Constitution of Pakistan is that any person who is arrested and detained has to be informed, as soon as may be, of the grounds of his arrest and detention and no person can be arrested and detained in Custody without complying with the above requirement. The second requirement is that no person so arrested or detained can be denied the right to consult a legal practitioner of his choice for his defence. Non-compliance of the above requirements would be violative of the fundamental rights and Constitutional guarantees. Requirement of clause (2) of Article 10 is that the person arrested and detained in custody has to be produced before a Magistrate within 24 hours of his arrest excluding the time spent in journey, for obtaining a remand. Clauses (1)and (2) of Article 10 deal with punitive arrest and detention and restrictions have been imposed on the taw-making bodies not to make any law beyond the limits of the said provisions. The provisions of section 24(d) of the National Accountability Bureau Ordinance with regard to the arrest and detention of an accused and his production before a Magistrate or competent Court within a period of twenty-four hours for remand are synonymous with the provisions of Article 10(1) and (2) of the Constitution which provide safeguard and protection to personal liberty as the liberty of a person in a State, is inviolable. The expression ‘as soon as may be’ used both in Article 10(1) of the Constitution as well as in section 24(d) of the Ordinance means as soon as possible, as it is the first right of the person arrested and detained to know in black and white, as soon as possible, the grounds and substance on the basis of which he has been arrested to enable him to be defended by a legal practitioner of his choice. The second right of the arrested and detained person is that he has to be produced before a Magistrate or the competent Court within24 hours of his arrest for remand after excluding journey time, so as to ensure his protection. In the present Case, no doubt, the detenu was produced before the competent Court within 24 hours but the first condition of informing him, as soon as may be, of the grounds, and substance on the basis of which he was arrested, had not been complied with. The non-compliance of the aforesaid provisions of the Constitution and the Ordinance would render the arrest and detention of the detenu illegal. It is fundamental right of a person who is arrested or detained to know, both under the punitive as well as under the preventive laws, about the grounds and substance in black and white, on the basis of which he was arrested and detained. It is also his right to consult a legal practitioner of his choice for his defence and, he has to be produced before a Magistrate within 24 hours excluding the time of journey for obtaining remand

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