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Monday, July 22, 2024

Threat of fundamental cases of illegal detention being nullified

Legal experts point out there is the likelihood of most of the human rights and fundamental cases filed against the detention of persons due to the Criminal Procedure (Special Provision) act that was passed on the 22nd being nullified.The situation has arisen due to the act being passed as a retroactive bill. The new act has been passed so that it is effective from 31st March, 2009. As such, all fundamental cases filed against detention of 24 hours get nullified as the act has sanctions to detain those arrested for 48 hours point out legal experts.

The act states, “Where during the period commencing on May 31, 2009 and ending on the date of the coming into operation of this Act, any power, duty or function was exercised performed of discharged by or under Criminal Procedure (Special Provisions) Act, No42 of 2007, such power, duty or function which was executed, performed or discharged, as the case may be, shall, notwithstanding that the provisions of the said Criminal Procedure (Special Provisions) Act, No.42 of 2007 was not in operation during the aforementioned period, be deemed to have been validly exercised, performed or discharged, as the case may be, as if the said Act was in operation during such aforementioned period.”

As such, all fundamental rights cases filed since 31st May, 2009 could be nullified and also this would have drastic regressive effects on the country point out legal experts.


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