Pakistan Observer
29th October 1967
AROUND THE COURTS
HEARING OF MUJIB’S APPEAL
CONSTRUE POLITICAL LEADER’S SPEECH IN
LIBERAL SPIRIT : COUNSEL
(By Our Court Correspondent)
Advocate Mr. Abdus Salam Khan on Saturday urged a Dacca Sessions Judge to construe the speech of a political leader in a fair and liberal spirit now that with the passage of time and gradual constitutional developments there has been a definite change in the ideas and attitude of people.
Mr. Khan was arguing before Mr. Kaisar Ali additional Sessions Judge in defence of Sheikh Mujibur Rahman who had appealed against the sentence of 15 months imprisonment awarded in April last by Magistrate Mr. Afsar-ud-din Ahmad for a speech at Paltan Maidan on March 20, 1966 which allegedly brought or attempted to bring disaffection, contempt or hatred towards the Government established by law and was punishable under DPR.
Basing his legal interpretations on different Indian judgments in case of political leaders and the concepts as expounded in the Dacca High Court judgment on the weekly Dacca Times Case he said that the political leaders while delivering speeches quite usually indulge in rhetoric bathos and hyperboles which, if considered objectively, would not necessarily be prejudicial.
Viewed in this context, he said, Sheikh Mujibur Rahman’s speech criticising the disparity between the two wings of Pakistan and Government failures did not create any disaffection, contempt or hatred. And these words could be explained in diverse ways, Mr. Khan argued.
Dilating further on the comparatively developed minds of the people and their democratic attainments these days, the lawyer pushed through his defence stating that Sir Morris Gawyer, an Indian Judge once remarked, while trying a case, that he would not punish a person unless there was actual prejudice done by the accused.
Mr. Khan argued that the Political Parties Act of the regime legalised political activities excepting those of a Communist. He said the accused in his speech propagated the programme of the Awami League and that of the Six-Point, neither of which were illegal or declared as such in the eye of law.
Mr. Zahiruddin, arguing on the facts of the case said that the whole proceeding against the accused was void ab initio. He explained that the same police officer and complained, taken cognizance, appointed the investigator and started the case. He had also deposed for the prosecution. He had done all this, as the evidence showed without even reading the alleged prejudicial speech.
Mr. Zahiruddin regretted this and crisply added : “Such omnipotence vest in God only.”
The lawyer contended that Sheikh Mujib had been prosecuted not for the reason that his speech was prejudicial. The whole purpose was to stop him from propagating the Six-Point programme, he said. This could be evident, he added, from the fact that the case against him was started at an inordinately delayed time when the accused was moving throughout the Province profounding the same programme and that he was arrested and detained in such a time.
Mr. Zahiruddin said that the speech of the accused criticised the ills of 18 years of maladministration that also included other regime besides the present one. And as such the speech was inoffensive. He added that the questions of disparity raised by the accused were not new questions and that the hard facts of disparity were spoken upon in the National Assembly even by the Government stalwarts … Mr. A. H. M. S. Doha and Mr. Altaf Hussain but they had not been prosecuted.
The lawyer cited the speeches of the Ministers on disparity as appeared in evidence in the case with particular reference to a statement by Government Party MNA, Mr. Mahtabuddin Sarkar on disparity in service which is as follows:
In President’s Secretariate : West Pakistan 81%; East Pakistan 19%.
In Defence Ministry : West Pakistan 91.9%; East Pakistan 8.1%.
In Industry Ministry : West Pakistan 74.3%; East Pakistan 25.7%.
Home Ministry : West Pakistan 77.5%; East Pakistan 22.5%.
Education Ministry : West Pakistan 72.7%; East Pakistan 27.3%.
Information Ministry : West Pakistan 79.9%; East Pakistan 20.1%.
Health Ministry : West Pakistan 81%; East Pakistan 19%. Agriculture Ministry : West Pakistan 79%; East Pakistan 21%. Law Ministry : West Pakistan 65%; East Pakistan 35%.
The witness, who deposed to have found the above statement in the Press, Mr. Zahiruddin submitted, also deposed that he could not affirm or deny that here was only one Secretary from this wing in the Central Secreteriate.
Explaining discrepancies in the evidence of the witnesses, the lawyer said that they were all or occured and tutored. He added, he Government reporters did not sign on respective notes of he alleged prejudicial speech, he Magistrate who attested it is and accused in a criminal case and the witnesses allegedly from among the public were proved police touts.
Mr. Zahiruddin quoted as many as eight parts of the speech and emphatically argued that the speech showed Sheikh Mujib as a patriot and not a rebel, as one who really wanted to strengthen Pakistan and not to disintegrate.
Countering the charge of alleged prejudicial speech by the accused on the defence of East Pakistan as it was seen during the last September war, the lawyer said that even a person like Mr. Abul Hashem, a trusted man of President Ayub Khan had written about the “Precarious condition” of this Wing during the war. (The book, Integration of Pakistan is an exhibit to the court).
The judgment was reserved. (Arguments of the Public Prosecutor, Mr. Abdul Alim, will appear in our tomorrow’s issue).
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