| Citation(s) |
|---|
| 1950 SLG 37 1950 SLD 37 1950 PLD 234 |
Lahore High Court
Criminal Original No. 22 of 1949, decided on 22nd March, 1950
MUHAMMAD SHARIF, M. KHURSHID ZAMAN AND M. R. KAYANI, JJ
Wali Mohammad Khan, for Petitioner. Abdul Aziz Khan, A.A.G. for
Respondent
Criminal Original No. 22 of 1949, decided on 22nd March, 1950
MUHAMMAD SHARIF, M. KHURSHID ZAMAN AND M. R. KAYANI, JJ
Wali Mohammad Khan, for Petitioner. Abdul Aziz Khan, A.A.G. for
Respondent
ABDUR RAHMAN MALIK
VS
CROWN
Law: Press (Emergency Powers) Act, (XXIII of 1931)
Section: 4(1)(d)
Law: Pakistan Penal Code, 1860
Section: 124A
(a) Press (Emergancy Powers) Act (XXIII of 1931), S. 4 (1) (d) -Language same as that of S. 124-A Pakistan Penal Code -"Sedition" defined. The language of clause (d) is precisely the same as is used in section 124-A of the Indian Penal Code known as "sedition". "Sedition embraces all those practices, whether by word, deed or writing, which are calculated to disturb the tranquility of the State and lead ignorant persons to subvert the Government. The objects of sedition generally are to induce discontent and insurrection, to stir up opposition to the Government and to bring the administration of justice into contempt; and the very tendency of sedition is to incite the people to insurrection and rebellion: Sedition has been described as disloyalty in action, and the law considers as sedition all those practices which have for their object to excite discontent or disaffection, to create public disturbance, or to lead to civil war, to bring into hatred or contempt the soveregin or Government, the laws or the constitution of the realm and generally all endeavours to promote public disorder." (1868) II Cox C. C. 54 (55). A. I. R. 1942 F. C. 22 (26) referred to. Sedition is a crime against society as a whole. In all civilized countries and orderly Governments, the integrity and the preservation of the State is a matter of vital concern and is so sacred that no attempt at its disruption or weakening, directly or indirectly will be countenanced. (b) Press (Emergency Powers) Act (XXIII of 1931), S. 4 (1) (d)-Publication setting out as net result of administration of Government: Massacre of 15 laes Muslims, uprooting of 85 lacs persons, detention of 75 thousand Muslim women in hands of non-Muslims and loss of 21 Muslim States-Publication covered by section. A publication, namely; "The Manifesto of Islam League" set out as the net result of 22 months' administration of the Government: The massacre of fifteen lass of Muslims, the uprooting of eighty-five lacs of persons, the detention of seventy thousand Muslim women in the hands of the non-Muslims and the loss of twenty-one Muslim States, for example, Junagarh, Bhopal, etc. Held that the publication is covered by clause…
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