Section 11EEEE: Preventive detention for inquiry

3[11EEEE. Preventive detention for inquiry.__ 4[(1) The Government or, where the provisions of section 4 have been invoked, the armed forces or civil armed forces, as the case may be, subject to the specific or general order of the Government in this regard, for a period not exceeding three months and after recording reasons thereof, issue order for the preventative detention of any person who has been concerned in any offence under this Act relating to the security or defence of Pakistan or any part thereof, or public order relating to target killing, kidnapping for ransom, and extortion, bhatta, or the maintenance of supplies or services, or against whom sufficient grounds exist of his having been so concerned, for purpose of inquiry: Provided that the detention of such person, including detention for a further period after three months, shall be subject to the provision of Article 10 of the Constitution.] (2) The inquiry under sub-section (1) may be conducted by a police officer not below the rank of Superintendent of Police or through a Joint Interrogation Team (JIT) to be notified by the Government comprising a police officer not below the rank of Superintendent of Police and officers of other investigation agencies and the powers of the inquiry officer will be vested as per section 5 of the Federal Investigation Agency Act, 1974 (VIII of 1975) 1[:] 2[Provided that where the detention order has been issued by the armed forces or civil armed forces under sub-section (1), the inquiry shall be conducted by the JIT comprising of a police officer not below the rank of Superintendent of Police, Intelligence agencies, civil armed forces, armed forces, and other law enforcing agencies.] 2[(2A) The provisions of sub-sections (1) and (2) shall remain in force for a period of three years from the commencement of the Anti-Terrorism (Amendment) Act, 2025 (XXVIII of 2025).] (3) The detenue shall be produced in camera before the presiding officer of the court or in his absence before the District and Sessions Judge or the Magistrate appointed under the Shariah Nizam-e- Adl Regulation, 2009, within twenty-four hours of his detention, and before the presiding officer of the court if and when any extension in the period of detention is requested. (4) During inquiry the concerned police officer not below the rank of Superintendent of Police or equivalent officer of the law enforcement agencies or the members of Joint Interrogation Team (JIT) as the case may be, shall have all the powers relating to search, arrest of persons and seizure of property, and other relevant material connected with the commission of offence and shall have all the powers as a Police Officer has in relation to the investigation of offences under the Code or any other law for the time being in force: Provided that the detenue shall be kept in a detention centre so notified by the Government and the presiding officer of the court or the Magistrate, as the case any be referred in sub-section (3) shall have the authority to inspect the detention centers to ensure that the custody is in accordance with the law for the time being in force. 1[(5) Any person detained under this section shall be provided facility of medical checkup as may be prescribed by rules.]

Effective date: 1997-08-16

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