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

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

(a) Press (Emergency Powers) Act (XXIII of 1931)------- ----S. 4 (1)-Plea that petitioner was taken by surprise not raised--­Mere objection that petitioner not informed of clauses relied upon by Government in support of demand of security is not maintain­able. In order, however, to give the petitioners a chance to know clearly the clauses relied upon by the Government in support of their demand of security, the learned Advocate-General, who appeared for the Crown, was required to specify the different passages to which exception was taken on behalf of, the Government and the clauses which they were said to have infringed. This was done and it was not the plea of the petitioners that they were taken by surprise and were not in a position to continue with the case. This contention is, there­fore, overruled. (b) Press (Emergency Powers) Act (XXIII of 1931)------- ----Ss. 3, 4, 7 and 23-Sedition-To call Pakistan Government as "enemy of Islam" and to stigmatise it as "irreligious" and fostering spirit of "indifference to God and Prophet" is to inflame popular mind and ignorant people in particular in revolt against State itself--This is gist of offence of sedition. To call Pakistan Government as "enemy of Islam" and to stigmatise it as " irreligious " and fostering a spirit of "indifference to God and the Prophet", is to inflame popular mind and ignorant people in particular in revolt against the State itself. The state of society and the people to when the words are addressed are relevant factors in making a correct estimate of the effect of the words spoken or written. The overwhelming majority residing within the Dominion of Pakistan consists of the Muslims strongly attached to their religion and to the worship of God and who cherish great veneration for their Prophet. To tell these persons that the Government under which they are living, is the enemy of Islam or opposed to their religion or would inculcate indifference and disrespect to their God and Prophet, is the greatest incentive to throw up that Government and their insurrection would be an act of merit in the eye of God and the Prophet. This is directly preaching "disloyalty in action" and this is the…

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