๐๐ก๐ ๐๐จ๐ฐ๐๐ซ ๐ญ๐จ ๐๐๐ฌ๐ฌ ๐๐ง ๐๐ซ๐๐๐ซ ๐๐ฒ ๐ ๐๐ซ๐ข๐๐ฎ๐ง๐๐ฅ ๐๐ง๐๐ฅ๐ฎ๐๐๐ฌ ๐ญ๐ก๐ ๐๐จ๐ฐ๐๐ซ ๐ญ๐จ ๐๐ฑ๐๐๐ฎ๐ญ๐ ๐ญ๐ก๐ ๐๐ซ๐๐๐ซ ๐๐ฌ ๐๐๐ฅ๐ฅ, ๐๐ฏ๐๐ง ๐ข๐ ๐ญ๐ก๐ ๐๐ฑ๐๐๐ฎ๐ญ๐ข๐จ๐ง ๐๐จ๐ฐ๐๐ซ๐ฌ ๐๐ซ๐ ๐ง๐จ๐ญ ๐๐ฑ๐ฉ๐ฅ๐ข๐๐ข๐ญ๐ฅ๐ฒ ๐๐ซ๐จ๐ฏ๐ข๐๐๐ ๐๐จ๐ซ ๐ข๐ง ๐ญ๐ก๐ ๐๐ญ๐๐ญ๐ฎ๐ญ๐: ๐๐
There may be many tribunals and quasi-judicial forums with jurisdiction to adjudicate a matter but they may not possess power to implement their orders. The question arises here that what could be the solution if a statute provides for jurisdiction but not for implementation of the orders.? Provided that it also does not appeal to reason that jurisdiction without implementation powers is a good and effective law.
Justice Syed Mansoor Ali Sha, the senior puisne judge, of the Supreme Court has categorically ruled in its recent judgment that powers to implement an order must be read into power to adjudicate a matter, even the statute does not provide so. If a statute confers upon a tribunal power to decide a matter, it must also provide to implement the order passed. If the statute does not provide for any power to implement the order and it simply provides for power to adjudicate, the power to implement must be read into.
The Court further held that substantive power to pass an order or jurisdiction to adjudicate a matter would be useless if the order passed could not be executed or implemented by a tribunal. Thus, powers being ancillary or incidental to the substantive powers are to be read into or considered to be included into the substantive powers. The Court held that this is now a settled law that power to adjudicate includes power to execute.
In the case in hand, the appellants had approached the High Court to execute or implement orders passed by Custom Tribunal as the statute did not confer power on the Tribunal to execute its orders. The High Court dismissed the writ petition for a different reason which order was assailed before the Supreme Court. The SC dismissed the petitions saying that the writ was not maintainable for the reasons given above not for the reason rendered by the High Court.
c.p._3391_2024
