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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.

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