Law:

Section:

(a) Interpretation of statutes--- ----Purposive interpretation---Interpretation of a statute must be fashioned in a manner that advanced the purpose of the statute. Aharon Barak - The Judge in a Democracy - Princeton University Press, 2006 (pp.124, 136, 137, 138 and 142) ref. (b) National Tariff Commission Act (VI of 1990)--- ----S. 6---Member of the National Tariff Commission---Tenure of office---Three years "unless otherwise directed by the Federal Government" --- Purposive interpretation--- Phrase "Unless otherwise directed by the Federal Government" appearing at the start of S. 6 of National Tariff Commission Act, 1990 meant that at best the Federal Government was empowered to appoint a person for less than three years, if circumstances so required. (c) Anti-Dumping Duties Ordinance (LXV of 2000)--- ----S. 37---National Tariff Commission Act (VI of 1990), S. 6---Constitution of Pakistan, Art. 199--- Constitutional petition---Provisional Anti-Dumping Duty, imposition of---Coram non judice---Constitution of National Tariff Commission defective and irregular---At the time of the Preliminary Determination made by the National Tariff Commission, term of office of one of its Members had lapsed therefore, the constitution of the Commission was defective and irregular---Legality of the Commission's constitution was pivotal to the exercise of its jurisdiction---No provision in the National Tariff Commission Act, 1990 existed that protected the decisions or determinations of the Commission in case the constitution of the Commission was irregular or defective---Preliminary Determination made by the Commission in the present case had not been issued by the Commission as mandated under S.37 of the Anti-Dumping Duties Ordinance, 2000, therefore the same was set aside being coram non judice---Constitutional petition was allowed accordingly. (d) National Tariff Commission Act (VI of 1990)--- ----S. 4---National Tariff Commission---Function---Nature---National Tariff Commission exercised a quasi-judicial function in deciding the rights of the parties. Messrs Khawar Paper Mart through Proprietor v. National Tariff Commission through Chairman and another 2011 PTD 2243 and…

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