| Citation(s) |
|---|
| 1958 SLG 4041 = 1958 SLD 4041 = 1958 PLD 15 |
West Pakistan
Criminal Appeal and Revision No. 217 of 1957, decided on 28th October 1957, against the order of District Magistrate Peshawar, dated 28th June 1957.
Presented By: MUHAMMAD SHAFI, J
Penal Code (XLV of 1860), S. 124-A-Should be lead in light of changed circumstances after enforcement of Constitution-Criticism of Government short of encouraging: use of force or violence not within mischief of section-Ministers not "Government"-Constitution of Pakistan, Art. 8-Cry of "Pakhtoonistan"-Danger to security of Pakistan. Held, that section 124-A, P. P. C., whatever its significance and the scope of its application was before the Constitution, will have to be read in the light of the changed circumstances, and subject to Article 8 of the Constitution of the Islamic Republic of Pakistan, which lays down that every citizen shall have the right to freedom of speech or expression subject to any reasonable restrictions imposed by law in the interest and security of Pakistan, friendly relations with foreign States, public order, decency, or morality, or in relation to contempt of Court, defamation or incitement to an offence. It is permissible for - a citizen to hold up the men who are charged or have been charged with the executive Govern ment of the country and the care of her destinies to ridicule and contempt if they are guilty of mal-administration. Where, therefore, all that the accused had done was to give an exaggerated emphasis on the treatment meted out to a leader of a political party while under custody, undergoing trial for offences under sections 123-A and 124-A, P. P. C., held, that the accused was not guilty under section 124-A, P. P. C. It is not criticism of the Government, in whatever venomous and enraging words it is cloaked which constitutes an offence under section 124-A but the adoption, of methods for the attainment of a purpose which encourage force arid violence and which may lead to conflict with the authorities with the certainty that there will be grievous loss of life. Short of that, every criticism of Government is permissible. Hatred, contempt or disaffection towards Government is usually created by words imputing to the Government base, dishonourable, corrupt or malicious motive in the discharge of its duties. Ministers may form the Government but they are certainly not the Government within the meaning of the word used in section 124-A, P. P. C. Freedom of speech is only curtailed when it affects the security of Pakistan, friendly relations with foreign States, public order, decency and morality etc. The demand that certain tract of Pakistan should be named as Pukhtunistan or Pathanistan, even if it is within Pakistan, is calculated ultimately to harm Pakistan irrepar ably. It thus endangers the security of Pakistan. Qaim Shah for Appellant. , Ghazanfar Ali Shah, P. P. for
Respondent. Date of hearing : 19th October 1957.
Criminal Appeal and Revision No. 217 of 1957, decided on 28th October 1957, against the order of District Magistrate Peshawar, dated 28th June 1957.
Presented By: MUHAMMAD SHAFI, J
Penal Code (XLV of 1860), S. 124-A-Should be lead in light of changed circumstances after enforcement of Constitution-Criticism of Government short of encouraging: use of force or violence not within mischief of section-Ministers not "Government"-Constitution of Pakistan, Art. 8-Cry of "Pakhtoonistan"-Danger to security of Pakistan. Held, that section 124-A, P. P. C., whatever its significance and the scope of its application was before the Constitution, will have to be read in the light of the changed circumstances, and subject to Article 8 of the Constitution of the Islamic Republic of Pakistan, which lays down that every citizen shall have the right to freedom of speech or expression subject to any reasonable restrictions imposed by law in the interest and security of Pakistan, friendly relations with foreign States, public order, decency, or morality, or in relation to contempt of Court, defamation or incitement to an offence. It is permissible for - a citizen to hold up the men who are charged or have been charged with the executive Govern ment of the country and the care of her destinies to ridicule and contempt if they are guilty of mal-administration. Where, therefore, all that the accused had done was to give an exaggerated emphasis on the treatment meted out to a leader of a political party while under custody, undergoing trial for offences under sections 123-A and 124-A, P. P. C., held, that the accused was not guilty under section 124-A, P. P. C. It is not criticism of the Government, in whatever venomous and enraging words it is cloaked which constitutes an offence under section 124-A but the adoption, of methods for the attainment of a purpose which encourage force arid violence and which may lead to conflict with the authorities with the certainty that there will be grievous loss of life. Short of that, every criticism of Government is permissible. Hatred, contempt or disaffection towards Government is usually created by words imputing to the Government base, dishonourable, corrupt or malicious motive in the discharge of its duties. Ministers may form the Government but they are certainly not the Government within the meaning of the word used in section 124-A, P. P. C. Freedom of speech is only curtailed when it affects the security of Pakistan, friendly relations with foreign States, public order, decency and morality etc. The demand that certain tract of Pakistan should be named as Pukhtunistan or Pathanistan, even if it is within Pakistan, is calculated ultimately to harm Pakistan irrepar ably. It thus endangers the security of Pakistan. Qaim Shah for Appellant. , Ghazanfar Ali Shah, P. P. for
Respondent. Date of hearing : 19th October 1957.
HUSSAIN BAKHSH KAUSAR-Appellant
VERSUS
THE STATE-Respondent
Law: Penal Code (XLV of 1860)
Section: 124-A,123
JUDGMENT MUHAMMAD SHAFI, J.- Hussain Bakhsh Kausar, aged about 35 years, son of Karim Bakhsh, of Peshawar City, has been convicted by the learned District Magistrate, Peshawar, under section 124-A of the P. P. C., and sentenced to imprisonment till the rising of the Court and a fine of Rs. 300. He appealed against his conviction to the Court of the Sessions Judge, but later on withdrew the appeal from there, and has now presented it to this Court. Mr. Massarat Hussain Zuberi, Commissioner, Peshawar Division, by a letter addressed to me, has invited my attention to the fact that the sentence awarded to the accused was very light and wholly inadequate, and should, therefore, be enhanced in the exercise of my revisional powers. I have heard both these cases together. The case arose as a result of the speech which was delivered by the accused on the 5th of October 1956, at Hasting's Memorial, which incidentally is situated in the heart of Peshawar City, in a meeting arranged by the Anti-One- unit Front. The accused in the beginning of his speech praised Samin Jan Khan whose death anniversary was being celebrated on that day. A resolution, condemning the action of the Government of West Pakistan, was then moved by him, and he described the action of the Government as undemocratic, un-Islamic, and against law in meting out a barbarous treatment to Abdul Ghaffar Khan by keeping him in solitary confinement and putting him to all sorts of tortures, and in not issuing a bulletin about his health as was done in the cases of the Ministers. Speaking on the resolu tion, he said that Abdul Ghaffar Khan had lost considerably in weight and then put a question to the audience:- "Are you going to tolerate all this," to which the audience replied in negative. He called the Government in power as the Government of thieves and the Ministers were men of straw, and of no consequence whatsoever in the eyes of the public. It seems necessary to be mentioned here that Abdul Ghaffar Khan at the time when this speech was made was an under trial prisoner and was being prosecuted before Mr. Justice Shabir Ahmad of the West Pakistan High Court at Lahore for…