
1981 SCMR 341
MIRZA JAWED BEG
V/S
STATE
Constitution of Pakistan 1973, Articles 29 & 32 — Disruption of sovereignty and integrity of country — Advocacy of abolition of sovereignty of State — Anti-nastional activities — Seccession — Appellant, during relevant period, having a right to express himself freely and publicly on matters of public importance, e.g. form, structure, and powrs of local Government with parituclar reference to big cities — Petitioner in expounding his ideas on local self-Government proceeding systematically bey studying such problem in depth, publishing literature, preparing papers, organising meetings after obtaining requisite permissions from authorities and enlisting support from persons exprienced and
associated with local Government in diverse matters — Appellant owning authorship, possession, and recovery of literature considered incriminating against him, giving detailed statements orally and inwriting more than once, and explaining objectives and rationale of his movement — Courts in construing allegedly objectionable pamphlets not construing such writings fairly and consistently, giving each word its plain meaning without over emphasising any particular portion and ignoring others — Courts also giving free play to their imagination and making comparative
study of institutions and Governments in other countries without receiving such material as evidence — Courts paying undue attention to feasibility and soundness of plan put forward by appellant and foreseeing germs of future mischief in such plan — Controlling features of scheme, explicitly mentioned in pamphlets, all explained away by lower Courts by characterizing them as “camouflage” — Lower Courts instead o gathering Appellants’ intention from writing along, as called for by general principles of interpretation of documents, totally ingnoring or explaining away material portions of writings on untenable grounds — No case, held, made out in circumstances on evidence produced in Court either under Section 13 Prevention of Anti-National Acitivities Act, 1974, or under Section 123-A, Penal Code, 1860.
associated with local Government in diverse matters — Appellant owning authorship, possession, and recovery of literature considered incriminating against him, giving detailed statements orally and inwriting more than once, and explaining objectives and rationale of his movement — Courts in construing allegedly objectionable pamphlets not construing such writings fairly and consistently, giving each word its plain meaning without over emphasising any particular portion and ignoring others — Courts also giving free play to their imagination and making comparative
study of institutions and Governments in other countries without receiving such material as evidence — Courts paying undue attention to feasibility and soundness of plan put forward by appellant and foreseeing germs of future mischief in such plan — Controlling features of scheme, explicitly mentioned in pamphlets, all explained away by lower Courts by characterizing them as “camouflage” — Lower Courts instead o gathering Appellants’ intention from writing along, as called for by general principles of interpretation of documents, totally ingnoring or explaining away material portions of writings on untenable grounds — No case, held, made out in circumstances on evidence produced in Court either under Section 13 Prevention of Anti-National Acitivities Act, 1974, or under Section 123-A, Penal Code, 1860.
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