INHERENT POWER OF COURT

INHERENT POWER OF COURT

• Ä  Discuss in detail with reference to law power of High Court by means of which relief can be granted although there is no provision in Cr.P.C.

INTRODUCTION

MEANING OF INHERENT POWER

“An authority possessed without its being derived from another.”

RELEVANT PROVISIONS

Section 561-A Cr.P.C

Section 151 C.P.C

Section 16 General Clauses Act

Article 183 and 199 of Constitution of Pakistan

INHERENT POWER OF COURT UNDER SECTION 561-A

NATURE OF INHERENT POWER

BASIS OF INHERENT POWER

The inherent powers of the court are based on the following maxim

UBI JUS ABI REMEDIUM

There is no wrong without remedy

WHEN INHERENT POWER CAN BE USED UNDER SECTION 561-A

High court can exercise inherent powers under section 561-A Cr.P.C in the following cases

I-                    IN ABSENCE OF EXPRESS PROVISION OF LAW

II-                  TO GIVE EFFECT TO ANY ORDER UNDER Cr.P.C

III-                TO PREVENT ABUSE OF PROCESS OF ANY COURT

IV-               TO SECURE ENDS OF JUSTICE

SECTION 249-A, 265-K AND 561-A Cr.P.C

LIMITATIONS OR RESTRICTIONS AGAINST THE ARBITRARY EXERCISE OF INHERENT POWER

Following are the restrictions on the inherent powers of the courts;

i)                    Inherent powers cannot be extended to make a new law on the subject

ii)                   It cannot be used against the express intention of the legislature.

iii)                 It cannot be used where there is other remedy is provided.

iv)                 It cannot override the express provision of law.

v)                  It should not be exercised to assist a party guilty of leaches or delay.

INSTANCES OF INHERENT POWER

Following are some of the instances of inherent powers of Court under section 561-A

i-                    CORRECTION OF ERRORS

ii-                  QUASHMENT OF PROCEEDINGS

iii-                STAY OF PROCEEDINGS

CONCLUSIVENESS OF FINDINGS OF HIGH COURT UNDER SECTION 561-A

CONCLUSION