IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
PRESENT: 
Mr. Justice Maqbool Baqar 
Mr. Justice Qazi Muhammad Amin Ahmed 
 
Civil Petition No.1839 of 2018 
(Against judgment dated 3.4.2018 
passed by Peshawar High Court 
Peshawar in W.P. No.2614-P of 2016) 
 
Fayaz Khan 
  
 
…Petitioner(s) 
 
 
 
 
 
Versus 
 
Govt. of Pakistan through Secretary Aviation Cabinet 
Secretariat, Aviation Division, Islamabad & another 
 
…Respondent(s) 
 
For the Petitioner(s): 
Mr. Muhammad Bashir Khan, ASC 
 
Mr. Arshad Ali Chaudhry, AOR 
  
  
For the Respondent(s): 
N.R.  
 
 Date of hearing: 
14.1.2020. 
 
JUDGMENT 
 
                      Qazi Muhammad Amin Ahmed, J.-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.  
Civil Petition No.1839 of 2018 
 
2
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 from service; it is next argued that there is no 
evidence to legally drive home the charge against the petitioner 
inasmuch as the statement of Asad Abbas Khan, meted out same 
fate, could not have been relied upon without placing him in an 
extremely disadvantageous position. Being a civilian, decision of 
his fate by a Summary Court Martial was absolutely unwarranted, 
concluded the learned counsel. 
3. 
 
Heard. Record perused. 
4. 
 
Argument that the petitioner was not subject to the 
Pakistan Army Act, 1952 (Act No.XXXIX of 1952) is entirely beside 
the mark, as it is admitted at all hands that he was a 
corporal/guard, employed in the Airport Security Force. By virtue 
of Section 7-A of the Airport Security Force Act, every 
officer/member of the force, is subject to the Pakistan Army Act 
and, therefore, was competently proceeded against by a duly 
constituted tribunal, findings whereof cannot be upset unless 
shown to have been carried out without jurisdiction, coram non-
judice or mala fide, situations, conceivably out of the realm of 
possibility; view taken by the learned High Court is inconsonance 
with the law declared by this Court in the case of District Bar 
Association, Rawalpindi & others Vs. Federation of Pakistan & 
others (PLD 2015 SC 401). Argument on lack of evidence does not 
hold water either; each step the petitioner had taken while 
escorting Zishan, the drug-pusher whom he had facilitated to get 
on board a Bahrain bound international flight was captured, by 
the close circuit TV cameras, installed at the airport; the latter was 
caught red-handed with the contraband as well as boarding 
card/air ticket; he cannot escape the preponderance of evidence 
pointing inexorably upon his culpability by merely clamouring a 
loud denial. Petition fails. Leave declined.    
 
Judge 
 
 
 
 
Judge 
Islamabad  
14th January, 2020 
Not approved for reporting 
Azmat/- 
