Law: Criminal Procedure Code (V of 1898)

Section: S. 99-B

Criminal Procedure Code (V of 1898), S. 99-B and Penal Cod, (XLV of 1860), Ss. 153-A & 295-A-Section 153-A, P. P. C. deals with different "classes" of people and not with different "sects" Primary purpose, for a book to fall within mischief of S. 295-A, P. P. C., must be to maliciously outrage feelings of a particular class-Book containing objectionable reading injuring feelings of Muslims "in general," but not falling either under S. 153-A or S. 295-A-Held, did not fall within mischief of Ss. 153-A & 295-A, P. P. C.-Publisher offering to delete passages appearing to Court to be offensive-Court pointing out such passages keeping in view necessity of preserving research value of book. JUDGMENT   M. R. KAYANI, C. J.--This Full Bench has been constituted to examine the application of Sheikh Muhammad Khalil, Proprietor of the Premier Book House, Kutchery Road, Lahore, made under section 99-B, Cr. P. C., for the setting aside of an order of the West Pakistan Government, dated the 4th of October 1960, by which a book entitled "Development of Muslim Theology, Juris prudence and Constitutional Theory" by Duncan B. Macdonal, published by the applicant, was forfeited to Government:   The book was first published in Amrica in 1903 and again in 1926. In Pakistan itwas first published by the applicant in 1960, and there is no doubt that it is a book of research. It has also been recommended by the Punjab University as a reading course in Political Science for the Master of Arts degree.   The reasons for forfeiture, as stated In the order of Government, are that the book inquestion (1) tends to promote feelings of enmity between different sects of Muslims of Pakistan ; and (2) it is written "with deliberate and malicious intention of outraging the religious feelings of different sects of Muslims of Pakistan and Muslims generally, attempts to insult the religious feelings of different sects of Muslims of Pakistan and Muslims In general and the publication of which is punishable under section 153-A and section 295-A of the Pakistan Penal Code".   Section 153-A is to the following effect :-  …