| Case ID |
00873549-6c2b-45b4-8bc0-109c879f9060 |
| Body |
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| Case Number |
40-D of 1965 |
| Decision Date |
Jun 08, 1965 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petition challenging the publication of a speech by a political leader. The court held that the speech did not incite hatred or contempt towards the government, and thus did not constitute a 'prejudicial act' as defined under the East Pakistan Public Safety Ordinance. The court emphasized the importance of context in evaluating the speech, stating that exaggerated expressions were not sufficient to invoke the law unless they would incite a strong revulsion against the established government. The speech in question called for the democratisation of the Constitution and highlighted the lack of fundamental rights, but did not advocate for violent or contemptuous actions against the government. |
| Summary |
The case revolves around the interpretation of the East Pakistan Public Safety Ordinance, specifically concerning what constitutes a 'prejudicial act' in relation to public speeches. The Supreme Court of Pakistan analyzed a speech made by the late Mr. H S. Suhrawardy, which addressed the absence of fundamental rights in the new Constitution. The court ruled that the speech, while critical of the government, did not incite hatred or contempt as required by law. This decision underscores the balance between free speech and the legal limitations imposed on inciting violence or contempt against the government. The ruling is significant in the context of civil liberties and the protection of fundamental rights in Pakistan, highlighting the judiciary's role in safeguarding democratic principles. Keywords such as 'public safety ordinance', 'freedom of speech', 'judicial review', and 'fundamental rights' are crucial for understanding the implications of this case. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
A. R. CORNELIUS, C.J.,
M. YAQUB ALI,
ABDUS SATTAR, JJ
|
| Lawyers |
Advocate-General
|
| Petitioners |
Not available
|
| Respondents |
Not available
|
| Citations |
1965 SLD 109,
1965 PLD 520
|
| Other Citations |
Not available
|
| Laws Involved |
East Pakistan Public Safety Ordinance
|
| Sections |
7,
2(4)
|