Section 31:

31. Legality of arrest and detention—The plaintiffs were, on 23 December 1971, arrested and detained under the provisions of the Emergency Powers (Arrest, Detention, Entry, Search and Prosecutions) Regulations, 1971. On 14 January 1972, the Emergency Powers (Arrest and Detention of Suspected Persons) Regulations, 1972, were published and the plaintiffs were notified that they were being detained under these regulations and were given the grounds of their detention. On 9 February 1972, their case was reviewed by the Tribunal appointed under section 18 (3) (c) of the Constitution. The plaintiffs challenged the legality of their detention on the grounds that (1) they were in fact arrested in virtue of the powers conferred upon the Commissioner of Police by section 5 of the Constitution and the time limits fixed by that section for dealing with their case had not been complied with; and (2) their case was not reviewed within one month of their arrest on 23 December 1971. HELD (i) the Commissioner of Police had chosen to act and did act under the Emergency Powers Regulations, and his action was accordingly governed [Issue 1] CON – 174 Revised Laws of Mauritius by the provisions of section 18 (3) of the Constitution; (ii) there was not one continuous detention but 2 periods of detention following one upon the other without break. The case had accordingly been reviewed by the Tribunal within the prescribed time limit, and their detention was legal. Carré v Commissioner of Police (1972).