Law:

Section:

(a) Interpretation of statutes--- Function of Court---To interpret language of statute and not to scan its wisdom or policy. . The function of a Court is to interpret the language of a statute and it is not the province of a Court to scan its wisdom or policy. Its duty is not to make the law reasonable, but to expound it as it stands, according to the real sense of the words. The words of a statute should never be added or subscribed without utmost necessity and the general rule is not to import into statute words which are not to be there. Whatever may have been the wisdom in enacting the statute, it is not for the Court to make surmises when the language is plain. The Court has to administer a statute as it is. (b) Jurisdiction of Courts (Removal of Doubts) Order (President's Order No. 3 of 1969), Arts. 2, 3 & 4 read with Provisional Constitution Order, 1969 (C.M.L.A.'s), Arts. 2, 6 & --Article 2, jurisdiction of Courts (Removal of Doubts) Order, 1969-Not ultra vires of provisions of Art. 6 of Provisional Constitution Order, 1969---Inherent powers of superior Courts to interpret law---Taken away in respect of Martial Law Regulations/ Orders. On scanning the preamble of President's Order No. 3 of 1969, and its Articles 2, 3 and 4, the intention of the law-giver is very clear. After the promulgation of this declaratory statute, there is no doubt left that the Martial Law authorities are the sole Judges of both law and facts of the matters before them. Though Martial Law authorities themselves are the creatures of statute, even if, they do not act within the well defined area of their authority or act in total absence or excess of jurisdiction, High Court cannot review their actions. It was recognised concept that the superior Courts of the country have inherent jurisdic tion to interpret the law, but unfortunately this power has been taken away by this declaratory statute. Article 2 of the President's Order No. 3 of 1969, is not ultra vires to Article 6 of the Provisional Constitution Order, as Article 8 thereof, empowers the President to make constitutional provisions, as be may deem fit for the administration of the affairs of the…