imposed by section 9, whether inconsistent with the guaranteed fundamental
right of freedom by the constitution.
Held: The power
vested in the Government under section 9 of the Ordinance are indeed wide they
are to be exercised only if it were satisfied to the necessity of using them
for securing public safety or the maintenance of public order. There cannot be
any presumption that there will be abuse in the exercise of the powers. A case
of mala fide, exercise of power is always subject to judicial interference. In determining the vires of the
section, Court is to see only whether the restriction put it on freedom of
speech were reasonably necessary I the interest of public order.
In answering that question, the Court cannot
assume that the Provincial Government will exercise the discretion given to it
by section 9 arbitrarily.
Hossain Vs. Govt. of E. Pak. (19 J7 DLR 76.
S.31 (1) — Collective fine when can be imposed.
The section visualizes a situation when court
offences by reason of the frequency of their preparation and other attending
circumstances may legitimately call for imposition of collective fine by of
deterrent in order to check the further commission of such offences.
The section does not by reason of a single
incident, confer power on the Government to impose collective fine in a
particular locality. On the contrary the clear recital in the section furnishes
a t giblc and rational basis for imposition of collect fine to check criminal
courses of conduct by a community.
East Pakistan Vs. Abu Farid Khan (1967) 19 DLR (SC) 100.