Kuala Lampur, Nov. 29 -- Article 5(3) of the Federal Constitution guarantees to an arrested person at least three rights, namely -

(1) the right to be informed of the ground of his arrest;

(2) The right to consult a legal counsel of his choice; and

(3) The right to be defended by a legal counsel of his choice.

However, those rights will have to be balanced by the right of the police to carry out their investigations unimpeded.

Fifty years ago in Ooi Ah Phua v Officer in Charge Criminal Investigation, Kedah/Perlis [1975] Lord President Suffian said:

"A balance has to be struck between the [rights] of the arrested person . on the one hand and on the other the duty of the police to protect the public from wrongdoers by apprehending the...