Section 5: Review Boards

5. Review Boards.___ (1) As soon as may be, the Federal Government and each Provincial Government shall constitute one or more Review Boards, each consisting of a Chairman and two other persons, each of whom is or has been a Judge of the Supreme Court or a High Court to be appointed by the Chief Justice of Pakistan. (2) The opinion of the Review Board shall be expressed in terms of the views of the majority of its members, including the Chairman. (3) A person shall not be detained under an order made under section 3 for a period exceeding three months unless the Review Board, to which a reference shall be made by the Government making such order, has reported, before the expiration of the said period, that there is, in its opinion, sufficient cause for such detention, and, if the detention is continued after the said period of thre e months, unless the Review Board has again reviewed his case and reported, before the expiration of each period of three months, that there is, in its opinion, sufficient cause for such detention. (4) For the purpose of the proviso to clause (7) of Artic le 10 of the Constitution, smuggling shall be an anti-national activity. (5) Where a person is to be detained for a period exceeding three months, the Federal Government, or as the case may be, the Provincial Government shall, before the expiration of tha t period, refer his case to the Review Board and shall furnish to the Review Board all documents relevant to the case unless a certificate, signed by a Secretary to the Government concerned, to the effect that it is not in the public interest to furnish any documents, is produced. (6) The Review Board shall, after affording the person detained an opportunity of being heard in person and considering the material placed before it, including the representation, if any, made by such person and, if necessary, calling for any further information from the Government, submit its report, before the expiration of the period of three months mentioned in sub -section (3), to the Government. (7) If, in any case, the Review Board reports that there is, in its opinion, no sufficient cause for further detention of the person whose case has been referred to it, the Government concerned shall revoke the detention order and direct that such person be released immediately or on the expiry of' the period of detention. (8) If the Board reports that there is, in its opinion, sufficient cause for the detention of such person, the Government concerned may, subject to the provisions of sub -section (3), continue to detain him for such period as it may deem fit. (9) The Review Board shall determine the place of detention of the person detained and fix a reasonable subsistence allowance for his family; and thereupon such person shall, if he is detained elsewhere in pursuance of an order made under sub -section (4) of section 3, im mediately be shifted to and detained at the place specified by the Board. (10) A person whose case has been referred to the Review Board under sub -section (5) shall not be entitled to be represented or defended by a legal practitioner before the Board, an d the proceedings and the report of the Board, excepting that part of the report in which the opinion of the Board is specified, shall be confidential.

Effective date: 1977-01-01

Related sections