The 12th article of the Constitution of Pakistan, 1973, which has since been omitted, originally dealt with "Preventive Detention." To provide context and understanding of its content and relevance, here's an exploration of its historical background and implications:
Article 12: Historical Background
Original Text of Article 12
The original text of Article 12 of the Constitution of Pakistan, 1973, provided legal framework for preventive detention, allowing the state to detain individuals without trial in certain circumstances.
Key Features of the Original Article 12:
1. Authority for Detention: The government could detain individuals without formal charges or a trial, if it believed such individuals posed a threat to national security or public order.
2. Duration of Detention: The article specified maximum periods for which a person could be detained without trial. Extensions beyond this period required judicial review or authorization by a competent authority.
3. Safeguards and Rights: Despite allowing for preventive detention, the article also included certain safeguards to protect detainees' rights. For example, detainees had the right to be informed of the grounds of their detention and to make representations against their detention.
4. Review Mechanisms: The article provided for advisory boards comprising judges or other appointed members to review the legality of detentions and ensure that they were justified and in accordance with the law.
Repeal and Omission of Article 12:
Over time, Article 12 was seen as controversial due to its potential for misuse and infringement on civil liberties. The power to detain individuals without trial raised concerns about human rights abuses and the lack of judicial oversight. As part of the broader efforts to strengthen democratic norms and protect individual rights, Article 12 was eventually omitted from the Constitution through constitutional amendments.
Implications of Preventive Detention:
Preventive detention provisions, like those originally found in Article 12, have always been contentious. While intended to safeguard national security, such measures can also be misused to stifle political dissent, target opposition figures, and curtail fundamental freedoms. The debate around preventive detention highlights the delicate balance between ensuring state security and upholding civil liberties.
Modern Context:
In the modern legal context, Pakistan continues to grapple with issues of national security and civil liberties. Although Article 12 has been omitted, laws related to preventive detention still exist under various legislative frameworks, such as the Anti-Terrorism Act and other security-related statutes. The challenge remains to enforce these laws in a manner that respects human rights and the rule of law.
Understanding these dynamics is crucial for legal professionals, policymakers, and citizens who are committed to upholding justice and human rights in Pakistan.
Best Regards
Executive Director at National Immigrant Justice Center
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