What It Means:
Article 10 ensures protection against arbitrary arrest and detention. It guarantees the citizens’ right to information regarding the reason for their arrest, their timely access to legal counsel, and their presentation before a magistrate within 24 hours of arrest. Furthermore, it limits the state’s power by imposing strict safeguards, particularly regarding preventive detention, ensuring that it can only be applied in cases related to national security, public order, or integrity of the state. Even in the cases mentioned above, there must be a chance for the detainee to contest such detention through a judicial review.
Application to the Current Era:
In the present era, Article 10’s relevance arises ever more frequently as the state relies on preventive detention when dealing with political instability, protest movements, and law enforcement crackdowns. Citizens have repeatedly relied on article 10 to contest unlawful detention, law enforcement agencies’ misconduct, and arrests without warrant. Critics argue that the provisions laid down in the constitution regarding preventive detention are often misused to intimidate political opponents or activists, and detentions occur without adequate legal access.