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

Section: 4(1)(d)(h),3(3),7(3),23,4,3,7

(a) Press (Emergency Powers) Act (XXIII of 1931), S. 4 (1) (d) and (h), Explanation 4-Newspaper articles-Criticising mode of Muharram observances and mourning as idolatrous and as provoking ridicule of civilised nations-Reproducing page from Islamic history and saying how "shameless" were Kufis who invited Imam Hussain by sending him thousands of letters and rendering him no help when occasion arose-Examining genesis of Muharram in cold light of reason and logic and holding the theory of "Divine Imamat" respon­sible for bringing into existence people "who almost worship their leaders"-Poem "Aya Apna Raj", deprecating mass scale slaughter and rapine accompanying the declaration of Independence-None of these publications, held, contravened S. 4 (1) (d) or (h) of Press (Emergency Powers) Act, 1931.The article "Muharram and Mussalman" criticised the mode in which the martyrdom of Hazrat Imam Hussain(A.S.) was celebrated every year. The taking out of Tazias (a structure of wood or bamboos in imitation of the mausoleum of Hazrat Imam Hussain(A.S.) at Karbala) and the mourn­ing, were described as very poor commemoration of the great ideal for which Hazrat Imam Hussain(A.S.) laid down his life. These practices were referred to as idolatrous and provoking the ridicule of the civilized nations of the world.While some persons might seem hurt that what they considered as an act of piety was branded as impious, the visible object was not to stir up hatred against them. It was to wean them from certain acts which were un-Islamic, undignified and which were not a befitting memorial to the Great Martyr.The article must be read as a whole and a word here or there would not convey the real meaning.Held, there was nothing offensive in the article and no one was selected for opprobrium. It was an appeal to all Muslims, Shias, Sunnis and others to follow Hazrat Imam Hussain(A.S.) and live, up to the lofty ideal of Islam even at the cost of one's life, and thus earn eternal bliss.The second article entitled "story of Infidelity of Kufis at Karbala" reproduced a page from Islamic History. Hazrat Imam Hussain(A.S.) was ascended the throne at Damascus. The Imam boldly refused. He moved…

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