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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