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KHAZANA SUGAR MILLS (PVT.) LIMITED vs FEDERATION OF PAKISTAN through Secretary, Ministry of Water and Power, Islamabad Reading in and reading down a provision — 2026 PLD 60 PESHAWAR-HIGH-COURT

Case information

Citation
2026 PLD 60 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2026
Reporter
PLD
Parties
KHAZANA SUGAR MILLS (PVT.) LIMITED vs FEDERATION OF PAKISTAN through Secretary, Ministry of Water and Power, Islamabad Reading in and reading down a provision

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

KHAZANA SUGAR MILLS (PVT.) LIMITED VS FEDERATION OF PAKISTAN through Secretary, Ministry of Water and Power, Islamabad Reading in and reading down a provision---Object, purpose and scope---When open ended or closed ended legislative provisions come for scrutiny before Courts, the same may be examined while applying principles of "reading in" and "reading down"---Court must exercise restraint to save the statute instead of destroying it---Appropriate course is to interpret the statute in such a manner to align it with its object and purpose---Principles of "reading down" and "reading in" serve as essential tools in statutory interpretation, allowing Courts to uphold legislative intent while ensuring conformity with Constitutional mandates---"Reading down" is employed to preserve validity of a statute by construing its provisions in a manner that aligns with the Constitutional principles, thus preventing the need for striking down the legislation---This approach is particularly useful when a provision appears overly broad or ambiguous but can be interpreted in a restricted manner to maintain its legality and effectiveness---Courts apply such principle to avoid declaring statutes unconstitutional unless absolutely necessary, favoring an interpretation that keeps the law functional within the permissible framework---Conversely, "reading in" is used when a legislative omission results in ambiguity or unintended consequences---In such cases, Courts may infer and incorporate language that aligns with the legislative intent while ensuring that the statute remains coherent and effective---Such principle is applied cautiously, ensuring that judicial intervention does not amount to unauthorized legislation but rather serves to give effect to the true purpose of law.

Other judgments reported in 2026 PLD

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