| Citation(s) |
|---|
| 1952 SLG 75 1952 SLD 75 1952 PLD 222 |
Lahore High Court
Crowns Appeal No. 124 of 1951, decided on 18th March, 1952, from the order of Syed Muhammad Abdul Latif Shah, Magistrate 1st Class, Shahpur at Sargodha, dated the 18th November 1950 acquitting the accused-respondent
MUHAMMAD MUNIR, C.J. AND MUHAMMAD, JAN., J
S. A. Mahmud, Assistant to the Advocate-General, for Appellant.
Respondent, (In person)
Crowns Appeal No. 124 of 1951, decided on 18th March, 1952, from the order of Syed Muhammad Abdul Latif Shah, Magistrate 1st Class, Shahpur at Sargodha, dated the 18th November 1950 acquitting the accused-respondent
MUHAMMAD MUNIR, C.J. AND MUHAMMAD, JAN., J
S. A. Mahmud, Assistant to the Advocate-General, for Appellant.
Respondent, (In person)
CROWN
VS
FAIZ MUHAMMAD FAIZ LUDHIANVI
Law: Press (Emergency Powers) Act, (XXIII of 1931)
Section: 2(6)
Press Emergency Powers Act (XXIII of 1931)------ -----S. 2 (6) -News-sheet-Document purporting to give information of recent event in which public are interested-Form of document immaterial-" Placard " or " handbill ". The essential element of definition of " news " is novelty or newness of something reported. The matter reported may be a happening, an event or an act and the news will be public news within the meaning of the Act if the public are interested in the matter reported. Thus, any document which purports to give information of a recent happening would be a news-sheet if the event reported is such that the public are interested in knowing it. It is wholly immaterial what form the document takes. It may be a newspaper, a placard or a handbill. Provided it contains fresh information of general interest, it would be a news-sheet, though a poster, if it merely amounts to an announcement or an advertisement, may not come within that definition. Shamsul Huda v. Emperor, A I R 1938 Cal. 222 ref. Mrs. Bharucha v. Emperor, A I R 1942 Lah. 203, dissented from, so far as a distinction was drawn in that case between a "news-sheet" and a "handbill" or "poster". JUDGMENT MUHAMMAD MUNIR, C. J-Respondent Faiz Muhammad Faiz Ludhianvi was accused before Mr. M. A. Latif, a first Class Magistrate at Sargodha, of having published three un-authorised news-sheets and of thus having been guilty of an offence under section 18 of the Press (Emergency Powers) Act, 1931. The allegation against him .was that in the month of March 1950 he published three news-sheets, Exhibits P/C, P/G and P/H, all directed against Muhammad Sadiq, Headmaster, District Board High School, Bhalwal, without obtaining an order in writing from the District Magistrate, as required by section 15 of the Act. The learned Magistrate acquitted the respondent finding that none of the three documents amounted to a news-sheet. Government has appealed against that order. Muhammad Sadiq took over as Headmaster of the District Board High School, Bhalwal, in May, 1948. The respondent was then employed as a Vernacular teacher in the school. It was discovered that the respondent had been carrying on the business of a…
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