Law:

Section:

  Defence of Pakistan Rules, 1965, rr. 41(6) (e), (h) & 47---Prejudicial act-Resolution against lapses of Government containing strong and even bitter criticism-Isolated phrases containing words strong and even bitter-Cannot be construed as seditious-Resolution passed by District Bar Council under accused's chairmanship inviting Government's attention towards "reported deaths due to poisonous food allegedly supplied through ration shops"; condemning "inhumanly irresponsible action of Government in supplying such poisonous food articles through ration shops"; demanding "immediate suitable compensation for families of victims" and further praying Government authorities "for interview to apprise them of seriousness of situation so that necessary action could be taken speedily"-Such resolution passed in wake of large scale disturbances resulting from deaths due to poisonous food allegedly supplied through ration shops-Record not indicating occurrence of any untoward incident after passing of such resolution-Held: having regard to circumstances and considering it in a fair, free and liberal spirit, the resolution cannot be construed as a "prejudicial act", within meaning of cls. (e) & (h) of r. 41(6)-Conviction under r. 47, in circumstances, set aside. The resolution was passed in the wake of large scale disturbances in the town resulting from death of some people on taking poisonous wheat and bhutta. Rumours were afoot that they were being supplied by Government through ration shops and people were already stricken with fear and were alarmed. It did not appear from the record that any untoward incident took place after the resolution was passed. The resolution read as a whole conveyed the impression that the members of the legal pro fession being conscious of their role as leaders of public thought, betook themselves to the task of apprising the authorities of the seriousness of the situation so that necessary actions may be taken speedily. While expressing themselves through the resolution, they no doubt employed strong and bitter words here and there but such, words cannot be considered in…