Public Law in Israel

By Itzhak Zamir; Allen Zysblat | Go to book overview

so to be the official policy of the Government of Israel at this time? We can give a negative answer -- and a negative one alone -- to those questions. And if it be said that the day may come when Israel's policy will turn into the policy against which the author of the stated article was agitating, that the readers will then recall the matters written therein, and that, as a result thereof, they will act in the manner in which they were called upon to act by the author, so that the public peace will be seriously endangered, we would reply that that approach is none other than the approach of the 'bad tendency' and 'indirect causation' that we disapproved of as a standard proper to be employed by the Minister of the Interior when deciding whether to exercise the power stated in the said section 19(2)(a).

It follows that in making the order for the suspension of the newspaper Al-Ittihad, too, for a period of fifteen days, the respondent exceeded his jurisdiction.

For these reasons, we have decided to make absolute the orders nisi given in each of these two cases.

Orders nisi made absolute

Judgment given on 16 October 1953.


APPENDIX A -- The Article in Kol Ha'am

'Topic of the Day: Let Abba Eban Go and Fight Alone . . .

The Ben-Gurion-Bernstein Government has not reacted in any way to Abba Eban's announcement concerning his readiness to provide 200,000 Israeli troops in the war against the Soviet Union. The official silence can only be interpreted as complete agreement with the remarks of A. Eban. More than that. The Ambassador of the Ben-Gurion-Bernstein Government cannot be assumed to have made his pronouncement in his own name and not in the name of the Government as a whole.

A. Eban's pronouncement is exceptional, even in the Atlantic camp, since every government within the aggressor Atlantic bloc is endeavouring, with all its might, to place as few troops as possible at the disposal of the American generals. The confirmation of the war pacts of Bonn and Paris has so far met with great difficulties. Many countries in Asia and Europe, Britain and India among them, are seriously criticizing the policy of Eisenhower-Dulles.

It seems, therefore, that the Ben-Gurion Government is pushing its way into the front ranks of the warmongers' camp; it is quicker than any other government, even within the aggressor Atlantic bloc.

The finance bosses of America do not feel obliged to take into account

-70-

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