| Citation(s) |
|---|
| 1952 SLG 32 1952 SLD 32 1952 PLD 568 |
Lahore High Court
Criminal Original No. 22 of 1949, decided on 22nd March 1950
MUHAMMAD SHARIF, MUHAMMAD KHURSHID ZAMAN AND KAYANI, JJ
Wali Muhammad Khan for Petitioner. Abdul Aziz Khan, Assistant Advocate-General for
Respondent
Criminal Original No. 22 of 1949, decided on 22nd March 1950
MUHAMMAD SHARIF, MUHAMMAD KHURSHID ZAMAN AND KAYANI, JJ
Wali Muhammad Khan for Petitioner. Abdul Aziz Khan, Assistant Advocate-General for
Respondent
VS
THE CROWN
Law: Press (Emergency Powers) Act, (XXIII of 1931)
Section: 4(1)(d)
Press (Emergency Powers) Act (XXIII of 1931)--- -------S. 4 (1) clause (d)-Sedition-Manifesto of Islam League tends to being into contempt state-Offence of sedition committed-Sedition defined. The objects of sedition generally are to induce discontent and insurrection, to stir up opposition to the Government and to bring the administration of justice into contempt ; and the very tendency of sedition is to incite the people to insurrection and rebellion. Sedition has been described as disloyalty in action, and the law considers as sedition all those practices which have for their object to excite discontent, or' disaffection to create public disturbance, or to lead to civil war, to bring into hatred or contempt the sovereign or Government, the laws or the constitution of the realm and generally all endeavours to promote public disorder. "Sedition" is, therefore, a crime against society as a whole. In all civilised countries and orderly Governments, the integrity and the preservation of the State is a matter of vital concern and-is so sacred that no attempt at its disruption or weakening, directly or indirectly, will be countenanced. While criticism against persons charged with the duty of running the State is tolerated and even encouraged to strengthen the State and to keep it free from all taint and corruption, no attack or tirade against the State itself is permitted. There is a direct and a serious attack upon the concept which created Pakistan. The very idea of establishing a separate Muslim homeland has been held up to ridicule. The "manifesto", therefore, tends to bring into contempt the State itself and not merely some of the persons, who may be running the State and whose short-comings may have been responsible for producing some un favourable conditions in the country in respect of health and material welfare. The mere fact that about the end an appeal is made to the voters to cast their votes in favour of the nominees of the Islam League at the next election would not minimise or destroy the pernicious effects on popular mind of what had been described before. R. v. Sullivan (1868) 11 Cox. Cr. C. 54 and Nibarendu Dutt v. Emperor A I R 1942 F C 22 ref.…
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