Law:

Section:

Airport Security Force Act (LXXVII of 1975)--- ----S. 7-A---Pakistan Army Act (XXXIX of 1952), Preamble---Employee of Airport Security Force---Dismissal from service by Summary Court Martial---Such employee was subject to the Pakistan Army Act, 1952. By virtue of section 7-A of the Airport Security Force Act, 1975 every officer/member of the Airport Security Force, was subject to the Pakistan Army Act, 1952 and, therefore, could be competently proceeded against by a duly constituted tribunal, findings whereof could not be upset unless shown to have been carried out without jurisdiction, coram non judice or mala fide. District Bar Association, Rawalpindi and others v. Federation of Pakistan and others PLD 2015 SC 401 ref. THIS JUDGMENT DELIVERED BY: QAZI MUHAMMAD AMIN AHMED, JUSTICE:---.--- Fayyaz Khan, petitioner, Corporal/Guard in Airport Security Force, posted at Bacha Khan International Airport Peshawar, was proceeded against by virtue of section 7-A of the Airport Security Force Act, 1975 ( Act No. LXXVII of 1975); he had come all the way to Benazir International Airport Islamabad on 19.12.2015 to facilitate one Zishan to get on board Flight TK-711, en route to Bahrain; with the assistance of Corporal Asad Abbas Khan, the passenger was extended special protocol, including exemption from body search, however, in the passengers' lounge, few paces away, he was intercepted by the staffers at Anti Narcotic Force Counter; found in possession of heroin concealed in capsules, he was taken into custody. As investigation progressed, petitioner along with Asad Abbas Khan was taken on board, in consequence whereof, he was dismissed from service on 4.4.2016 by a Summary Court Martial; departmental appeal met with no better fate and it is in this background that the petitioner attempted before the Peshawar High Court Peshawar through a Constitutional petition, dismissed on 13.4.2018, vires whereof are being assailed through the present petition. 2. Learned counsel for the petitioner contends that the petitioner unsuspectingly extended traditional courtesy to a family acquaintant and as such was not actuated by any mens rea calling for his dismissal…

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