Law:

Section:

Keywords: Constitution, Province, Conviction, Offences, Merits Of The Case, Evidence, Petitioner, Prosecution, Jurisdiction, Claims, Custody, Satisfaction, Maintain, Prejudice, Government, Interpretation, Trial Court, Orders, Order, Classes, Instances, Invention, Notice, Qualifications, Place, Classification, Language, Leave To Appeal, Procedure, Conditions, Provisions, Defence, Representative, Necessity, Contravention, Guilty, Leave, Surety, High Court, Prima Facie, Notification, Discretion, Grounds Result: Application accepted JUDGMENT The petitioner in this case who is an enrolled Advocate of this Court and the Supreme Court was arrested on the 2nd of January 1973 for offences punishable under rules 42 and 49 of the Defence of Pakistan Rules. Successive bail applications before the trial Court and the Sessions Court having failed the petitioner is now before me praying for bail pending his trial. The prosecution is based upon a statement or rather the record of an interview reported by a newspaper reporter in the issue of 21st October of newspaper Hurriat. In order to appreciate the argument raised before me it is necessary to summarise in brief the statement which does not claim to be a verbatim record of what the petitioner said. It is not claimed by the prosecution that a written statement was given; at any rate they are not in a position so to assert. On the side of the petitioner no positive state ment is made as to the form in which the statement was made but it is asserted that what has been attributed to him has been twisted out of the context and does not bear the meaning which the prosecution claims that it tees. Be that as it may; for the present I will assume that the account given 6y the prosecution of this interview, although not complete, in so far as it hoes, correct. Accordingly I see no reason why I should take up the whole statement but am content to reiterate the allegations as they are stated in the F. I. R. Which purports to incorporate them. 3. This, in brief, referred to the fact that the President has recently called a conference for the purpose of restoring peace and good order which has been disturbed on account of what are usually…

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