P L D 1980 Karachi 26 (PLP)
SALEH MUHAMMAD-Petitioner Versus PRESIDING OFFICER, SUMMARY MILITARY COURT,
| Citation | P L D 1980 Karachi 26 (PLP) |
| Forum / Court | No. 13-Word "Murdabad" signifies mere disapproval or disapprobation without any active animosity, hatred or disaffection-Slogan "Martial Law Murdabad" not such as could possibly bring about in minds of audience strong revulsion of feelings against Martial Law Object of detenus appearing merely to ventilate their feelings for release of political leader-Words "Martial Law Murdabad" to be construed in that context-Slogans, raised, held, do not fall within mischief of M. L. R. 1-3.-Words and phrases. |
| Bench Members | Z. A. Channa and Mushtak Ali Kazl, JJ |
| Parties | SALEH MUHAMMAD-Petitioner Versus PRESIDING OFFICER, SUMMARY MILITARY COURT, |
| Primary Law | (b) Martial Law Regulation, 19771C. M. L. A.'s], (a) Martial Law Regulation, 1977 1C. M. L. A.'sh, (c) Martial Law Regulation, 1977 [C. M. L. A: sl |
Q1: What are the key laws and sections cited in P L D 1980 Karachi 26 (PLP)?
This judgment primarily cites: (b) Martial Law Regulation, 19771C. M. L. A.'s], (a) Martial Law Regulation, 1977 1C. M. L. A.'sh, (c) Martial Law Regulation, 1977 [C. M. L. A: sl, (d) Martial Law as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D 1980 Karachi 26 (PLP)?
The case was heard and decided by the No. 13-Word "Murdabad" signifies mere disapproval or disapprobation without any active animosity, hatred or disaffection-Slogan "Martial Law Murdabad" not such as could possibly bring about in minds of audience strong revulsion of feelings against Martial Law Object of detenus appearing merely to ventilate their feelings for release of political leader-Words "Martial Law Murdabad" to be construed in that context-Slogans, raised, held, do not fall within mischief of M. L. R. 1-3.-Words and phrases. bench comprising: Z. A. Channa and Mushtak Ali Kazl, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 1980 Karachi 26 (PLP) (SALEH MUHAMMAD-Petitioner Versus PRESIDING OFFICER, SUMMARY MILITARY COURT,). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- M. S. Khattak for Petitioner.
- Mazharul Haq, Asstt. A: G. for Respondents.
- Dates of hearing : 7th and 11th March 1979.
Headnotes / Summary
_- No. 13 and Pakistan Army Act Rules, 1954, rr. 23, 24, 113 & 132Record not disclosing any request having been made for summoning or examination of defence witnesses-Nor indicating whether summary or precise of evidence supplied in advance to detenus or given assistance of Advocate or a next friend as required by rr.23, 24 & 113Failure to comply with rules, held, curable under r. 132, unless failure of justice or prejudice thereby caused to detenus. Rustam Ali v. Martial Law Administrator, Zone `C' and others P L D 1978 Kar. 736 rel. -- No. 13-Detenus raising slogans "Martial Law Murdabad" for release of political leader-Slogan's cannot be construed as violation of M. L. R. 13 in circumstances of case-Slogans of "Murdabad" and "Barbad"-Significance of. The slogan of "Murdabad" has become so common that it has lost all its sting and signifies no more than disapproval or censure of the person or authority against which the slogan is raised. Such a slogan does not have the tendency to bring or attempt to bring into hatred or contempt or excite or attempt to excite disaffection towards the object of the slogan. The raising of such slogans have become common daily occurrences in our country and in the neighbouring countries, and we often hear slogans like "Nokar Shahi Murdabad", "Police Murdabad". The word "Murdabad" should be distinguished from the word "Barbad" which is much stronger and has overtones of hatred and enmity. Z. A. Sulleri v. The Crown P L D 1954 Sind 80; Hussain Bukhsh Kausar v. State P L D 1958 Pesh. 15; Niharendu Dutt Majumdar v. Emperor A I R 1942 F C 22 and Satya Pal v. Emperor A I R 1930 Lah. 309 rel. No. 13-Word "Murdabad" signifies mere disapproval or disapprobation without any active animosity, hatred or disaffection-Slogan "Martial Law Murdabad" not such as could possibly bring about in minds of audience strong revulsion of feelings against Martial Law Object of detenus appearing merely to ventilate their feelings for release of political leader-Words "Martial Law Murdabad" to be construed in that context-Slogans, raised, held, do not fall within mischief of M. L. R. 1-3.-[Words and phrases]. - Martial Law Authorities being members of Armed Forces and Martial Law having been imposed by Armed Forces-Slogans against or criticism of Martial Law, held, prima facie appear to be against Armed Forces.