only. That, I think, is not quite so in fact. But assuming it to be so, it affords no answer to the charge, for the Government established by law acts through a human agency, and admittedly the Civil Service is its principal agency for the administration of the country in times of peace. Therefore where, as here, you criticise the Civil Service en bloc the question whether you excite disaffection against Government or not seems to me a pure question of fact."
Justice Shah is clearer still. He says,
"The Hon. Mr. Jinnah has argued that all the criticism directed against the Indian Civil Service generally described as Bureaucracy in the speeches cannot, under any circumstances, be treated as criticism against the "Government established by law in British India." I am unable to accept this argument. It may be that the various services under the control of the Government by law established in British India do not form part of the Government within the meaning of the section; and it may be that the criticism directed against any of the services is not necessarily criticism of the “Government by law established in British India.”
