পাতা:বাংলাদেশের স্বাধীনতা যুদ্ধ দলিলপত্র (প্রথম খণ্ড).pdf/৫০৯

উইকিসংকলন থেকে
এই পাতাটির মুদ্রণ সংশোধন করা হয়েছে, কিন্তু বৈধকরণ করা হয়নি।
বাংলাদেশের স্বাধীনতা যুদ্ধ দলিলপত্রঃ প্রথম খণ্ড
৪৮৪

 4. Laws inconsistent with or in derogation of the fundamental rights to be void.- (1) Any existing law, or any custom or usage having the force of law, in so far as it is inconsistent with the provisions of this Part, shall, to the extent of such inconsistency, be void.

 (2) The State shall not make any law which takes away or abridges the rights conferred by this Part, and any law in contravention of this clause shall, to the extent of such contravention, be void.

 (3) Nothing in this Article shall apply to any law relating to the members of the Armed Forces, or the Forces charged with the maintenance of public order, for the purpose of ensuring the proper discharge of their duties or the maintenance of discipline among them.

 5. Equality before law.- (1) All citizens are equal before law and are entitled to equal protection of law.

 (2) No person shall be deprived of life or liberties save in accordance with law.

 6. Protection against retrospective offences or punishment.- No person shall be punished for an act which was not punishable by law when the act was done, nor shall any person be subjected to a punishment greater than that prescribed by law for an offence when the offence was committed.

 7. Safeguards as to arrest and detention.- (1) No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest, nor shall he be denied the right to consult and be defended by a legal practitioner of his choice.

 (2) Every 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, excluding the time necessary for the journey from the place of arrest to the court of the magistrate, and no such person shall be detained in custody beyond the said period without the authority of a magistrate.

 (3) Nothing in clauses (1) and (2) shall apply to any person-

 (a) who for the time being is an enemy alien; or

 (b) who is arrested or detained under any law providing for preventive detention.

 (4) No law providing for preventive detention shall authorize the detention of a person for a period exceeding three months unless the appropriate Advisory Board has reported before the expiration of the said period of three months that there is, in its opinion, sufficient cause for such detention.

 Explanation. In this clause “the appropriate Advisory Board” means, in the case of a person detained under a Central Act or an Act of Parliament, a Board consisting of persons appointed by the Chief Justice of Pakistan, or, in the case of a person detained