Law: Press and Publications Ordinance (XV of 1960)

Section: 23,36,45

Law: Press (Emergency Powers) Act (XXIII of 1931)

Section: 4

Press and Publications Ordinance (XV of 1960)-----Ss. 23 8c 36-Scope of S. 23-Whether very wide and has even taken away right of fair criticism so as to make objectionable any article tending to hurt religious feeling of any community - Press (Emergency Powers) Act (XXIII of 1931), S. 4.   The contention that the language of section 23 of the Press and Publications Ordinance, 1960, is very wide and has even taken away the right of fair criticism so that any writing that hurts the feelings of any community falls within mischief of the provision of that section cannot be accepted. Every citizen in this country has a right to express himself freely on controversial religious and historical questions. This right, of course, must not exceed the limit of fair criticism and should not be expressed in un moderate and intemperate language. For the purpose of appreciating whether or not a particular piece of writing falls within the mischief of any penal law, it is necessary that the writing should be read as a whole in fair and liberal spirit not concentrating on isolated passages or words but endeavouring to grasp the theme and intention of the writer from the words he has employed and attempting to estimate at the same time the effect of those words and the manner of their employment upon the mind of the average reader. The most important question for consideration in such cases would be whether the objectionable writing exceeds the limits of fair criticism and tend to arouse feeling of enmity, ill-will or hatred on normal average reader understanding them in their plain natural meaning. The observation of Cornelius, J., in the case of the Daily Ehsan P L D 1949 Lah. 282 that "the coercive processes of the Press Act are not intended to check far less to prohibit the expression of the view of this kind, notwithstanding that they may be contrary to the cherished beliefs of a section of the population, provided that they are written with full consciousness of the delicate nature of the subject which is being treated is still the law of the land.   Press and Publications Ordinance (XV of 1960)-----Ss. 23, 36 & 45-Order of forfeiture under S. 36-Petition…