J30
that the
prosecution
criminal
charge.
relieves
the
conviction
doubt
as
bear
burden
of proving
such
as is found
A stipulation,
prosecution
of an
to
the
of
accused
his
or
her
part
person
guilt.
of
that
the
elements
in Section
burden
despite
Such
all the
could
existence
a stipulation
67
of a
which
result
in
the
of a reasonable
is in
breach
of the
presumption of innocence and therefore offends the Constitution.
conviction
and
prosecution
for
liability
Further,
Section
under
of public
appears to me not to be dependent upon any actual occurrence
or
alarm
or
fear
It all depends
peace.
of public
disturbance
67
on
the
State’s perception of the possible impact the expression may have on the
positively.
public and if the Court can be persuaded
to forstall a danger,
the
“false
which
remote
and
Section
67
I find and
20 (3) of the Constitution.
J, therefore,
hold
that
the
arising out of
Constitution
find that Section
unconstitutionality.
constitutional
and
It
guarantee
does
not fit under
Article
It goes beyond what is permissible under that
67
does
“reasonably justifiable in a democratic society.”
of
uncertain,
news.”
In conclusion,
clause.
is both
The law is intended
null
is
and
not pass
It contravenes Article 20
void,
and
the
follows
also
that
of
freedom
of
the test of being
therefore
invalidity
expression
invalid
for
and _ the
preclude
the
prosecution of persons and the criminalization of alleged false statements
under
Section
67.
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