Section 61: Foreign persons in Pakistan in response to a Pakistan request

61. Foreign persons in Pakistan in response to a Pakistan request.___(1) The Federal Government may, by written notice, authorize the temporary detention in Pakistan of a person in detention in a foreign State who is transferred from that State to Pakistan pursuant to a request under clause (f) of (1) of Section 1[57], for such period as may be agreed with that State for the purposes of the request, and the return in custody of the person to the foreign State. (2) A person in respect of whom a notice is issued under sub-section (1) shall, so long as the notice is in force__ (a) be permitted to enter Pakistan and remain in Pakistan for the purposes of the request, and to leave Pakistan when no longer required for those purposes, notwithstanding any Pakistan law to the contrary; and (b) while in custody in Pakistan for the purposes of the request, be deemed to be in lawful custody. (3) The Federal Government may at any time vary a notice under sub-section (1), and where the foreign State requests the release of the person from custody, either immediately or on a specified date, the Federal Government shall direct that the person be released from custody accordingly. (4) The provisions of this section shall apply, mutates mutandis, in the case of any detained person in transit through Pakistan from one foreign State to another pursuant to a request for assistance of the kind referred to in this section. (5) Any person, whether or not a detained person, who is in Pakistan in response to a Pakistan request under this Chapter to give evidence in a proceeding or to give assistance in relation to an investigation, prosecution or the related proceeding may not, while in Pakistan, be__ (a) detained, prosecuted or punished; or (b) subjected to civil process, before the person’s departure from the foreign State pursuant to the request in respect of any act or omission that occurred.

Effective date: 1997-07-11

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