Mere FIR Is Not Grounds for Disqualification from Government Service, Rules Federal Constitutional Court; Chief Justice Aminuddin Khan Lays Down Six Constitutional Principles for Public Recruitment
ISLAMABAD: The Federal Constitutional Court has set aside the decision of the police department which had barred a candidate from public employment after legal acquittal in a criminal case, saying that the presence of an FIR (First Information Report), itself, cannot be the basis for denying citizens the right to hold public jobs permanently in the future.
In a historic written Judgment, Chief Justice Aminuddin Khan stated that the Police Action was illegal and directed the police to conduct the petitioner’s medical Examination and legal formalities, and provided him with an Official Judgment order within a period of 30 days.
Federal Constitutional Court’s Ruling: Key Highlights and PrinciplesFIR is not evidence of guilt: The court also has made it clear that an FIR is not evidence of any crime. If a candidate is acquitted of an offence they cannot be refused a public post based on suspicion or conjecture. Furthermore, dismissing the D.G. Khan police’s character verification report without solid, objective reasons was deemed unlawful.
The six Constitutional Principles for Recruitment were set by Chief Justice Aminuddin Khan: Candidate disqualification must be based on authentic and independently verifiable material.
Due recognition and respect should be given to judicial acquittals.Character reports must be written based on facts, not speculation or conjecture.The word pending cases shall be used only in relation to the legal status of the cases.A candidate should otherwise not be excluded without a reasonable hearing and reasoned decision.
Recruitment should only be based on the prescribed statutory requirements: principles of merit, proportionality and principles of fairness and equality. Abdul Latif, the petitioner, was acquitted from a criminal case and later on was called as the second person in the driver constable recruitment test in 2018, however, he was later disqualified by police.
He did not get relief from the Lahore High Court and went to Federal Constitutional Court which quashed both the disqualification notification and the HC judgment.