Law: Airports Security Force Act, 1975

Section: 3

Law: Constitution of Pakistan, 1973

Section: 25,199

(a) Airport Security Force Act (LXXVII of 1975)--- ----S. 3---Constitution of Pakistan, Arts. 25 & 199---Constitutional petition---Charging of annual fee of Rs.5,000/- by Airport Security Force for each Airport Entry Pass from entitled private applicants with effect from 1-1-2012---Validity---Airport Security Force Act, 1975 did not confer any power to levy any charge either in nature of fee or otherwise---Statutory function to be performed by such Force was ensuring of "security" of all airports, aerodromes, aircrafts and all structures, equipments, material and installations therein---Petitioners from such Force were getting service of their security as prior to 1-1-2012, which core duty was already imposed by S. 3 of the Act---No special service or benefit was being conferred on petitioners as could constitute quid pro quo for levy of fee---Record showed that defining elements of a fee in legal sense were totally absent in the present case, thus, its levy was not legally justified --- Non- charging of such fee from Pakistan International Airlines (PIA) was discriminatory as employees and staff members of PIA and other airlines were in same position to have access to different parts and areas of the Airport---High Court declared impugned levy of fee to be without lawful authority and of no legal effect and quashed same and restrained the Force to demand or charge such fee from petitioners, while directed refund of fee paid by them, if any, within specified time. Shahbaz Garments (Pvt) Ltd. v. Pakistan and others PLD 2013 Sindh 449 = 2013 PTD 969; Tata Textile Mills Ltd. v. Pakistan and others 2013 PTD 1459 and 2013 PTD 995 ref. I.A. Sharwani v. Government of Pakistan and others 1991 SCMR 1041 rel. (b) Notification--- ----Simply by recording an act done by an authority in official Gazette could not clothe same with a competence, which it otherwise lacked. ORDER MUNIB AKHTAR, J.---By this common judgment, we intend disposing of the petitions listed in para 14 below. The petitioners are either airlines or companies providing services to airlines with regard to their aircraft and other operations. The employees and staff of the petitioners need access to…

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