| Citation(s) |
|---|
| 2016 SLG 526 2016 SLD 526 2016 SCMR 931 |
Supreme Court of Pakistan
Civil Appeal No. 1519 of 2013, decided on 17th March, 2016. Date of hearing: 26th February, 2016.
MUSHIR ALAM AND MANZOOR AHMAD MALIK, JJ
Mehboob Azhar Sheikh, Advocate Supreme Court for Appellant. Khurram Raza Ch., Advocate Supreme Court and Rana Umar Saeed, Dy. Dir (SEP) for
Respondents.
Civil Appeal No. 1519 of 2013, decided on 17th March, 2016. Date of hearing: 26th February, 2016.
MUSHIR ALAM AND MANZOOR AHMAD MALIK, JJ
Mehboob Azhar Sheikh, Advocate Supreme Court for Appellant. Khurram Raza Ch., Advocate Supreme Court and Rana Umar Saeed, Dy. Dir (SEP) for
Respondents.
HAROONUR-RASHID
VS
LAHORE DEVELOPMENT AUTHORITY and others
Law:
Section:
(a) Interpretation of statutes--- ----Rule of 'reading down'---Scope and principles---"Reading down" meant that a statutory provision was generally read and or toned or narrowed down, applying a restrictive meaning to its application---At the time of "reading down" of a statute two principles had to be kept in view; first that the object of "reading down" was primarily to save the statute and in doing so the paramount question would be whether in the event of reading down, could the statute remain functional; second, would the legislature have enacted the law if that issue had been brought to its notice which was being agitated before the Court. Province of Sindh through Chief Secretary v. M.Q.M. through Deputy Convener PLD 2014 SC 531 ref. (b) Interpretation of statutes--- ----Rule of severance---Scope---Rule of severance meant to trim down or slice away invalid portion of a statute/provision which was otherwise generally considered to be part of statute or provision---Purpose was to save as much as (possible) to bring the statute or provision within the ambit of the Constitution and law declared by the superior Courts and to protect it from being declared ultra vires or unconstitutional as a whole---If such trimming or slicing away was possible then the Court declared such part to be beyond the legislative competence and left the remainder valid and operative. (c) Interpretation of statutes--- ----Courts had a duty to construe and apply laws to specific factual situations---Sometimes courts had to construe a particular law as meaning nothing and sometimes they had to construe the law as meaning something different from the letter of the law passed by the Parliament. (d) Punjab Employees Efficiency, Discipline and Accountability Act (XII of 2006)--- ----Ss. 2(h)(i), 2(h)(ii) & 19--- Employees of a statutory corporation/authority/body proceeded against under statutory rules or any statutory dispensation (such as Punjab Employees Efficiency, Discipline and Accountability Act, 2006)---Appeal, remedy of---Scope---Remedy of appeal before the Punjab Service Tribunal against any order passed under Ss. 16 & 17 of the Punjab Employees Efficiency, Discipline and…
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