DPSS & DSFSS Assignment 1 Oct 2021

Art 9.—(1) No person shall be deprived of his life or personal liberty save in accordance with law.

(2)  Where a complaint is made to the General Division of the High Court or any Judge sitting in the General Division of the High Court that a person is being unlawfully detained, the General Division of the High Court shall inquire into the complaint and, unless satisfied that the detention is lawful, shall order him to be produced before the General Division of the High Court and release him.

(3)  Where a person is arrested, he shall be informed as soon as may be of the grounds of his arrest and shall be allowed to consult and be defended by a legal practitioner of his choice.

(4)  Where a person is arrested and not released, he shall, without unreasonable delay, and in any case within 48 hours (excluding the time of any necessary journey), be produced before a Magistrate, in person or by way of a video-conferencing link (or other similar technology) in accordance with law, and shall not be further detained in custody without the Magistrate’s authority.

2. Discuss this statement in relation to the ambit of the fundamental rights of a citizen. What are the avenues available to the individuals to protect and defend themselves from arrest? You are encouraged to make reference to decided cases and you may refer to work experiences or even create hypothetical situations. All references must be indicated (*see below on how to cite). You do not have to attach any case laws or any other document

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