Therefore, this is an infringement of rights to the article 5 in the Federal Constitution.Last but not least, clause 4 of this article provides that one must be presented before a magistrate within twenty-four hours time without any unreasonable delay, excluding the time needed to travel and shall not be held in custody without the magistrate’s authority. This is also provided in Section 28 of the Criminal Procedure Code Act. In certain uncommon conditions whereby the examination are unable to be finished within twenty-four hours, the cop must bring the detainee before the judge and demand for a remand arrange and when there are justification for trusting the allegation, the cop making the examination should promptly give the Magistrate a duplicate of the passages in the diary hereinafter prescribed relating to the case at the same time the accused is produced before the Magistrate in accordance to Section 117. In Sazali’s case, he was presented before a magistrate after more than twenty-four hours on 25th September 2014, when he was apprehended on the 22nd September 2014. This violates Section 28A of the Criminal Procedure Code Act, as he was not presented before a magistrate in the prescribed time, this results in an unlawful detention and by all means violates Article 5 of the Federal Constitution, which clearly states that one shall not be deprived of his life or personal liberty save in accordance to law. Therefore, the detention is unlawful which is considered as unconstitutional. The extension to which a person may be detained for much longer is in the authority of the Magistrate, which in this case is breached by the police officers who take things in their own hands, detaining Sazali for more than twenty-four hours and resulted in an infringement in right of Sazali as well as a breach to the constitution.
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- Fall '15
- Law, Federal Constitution, criminal procedure code