The Federal Constitutional Court has ruled that police authorities cannot deny recruitment to a candidate solely because an FIR was previously registered against him, particularly when he has since been acquitted.

The court set aside the police decision declaring Abdul Latif ineligible for recruitment. It also overturned the Lahore High Court’s ruling in the matter.

The court directed the authorities to restore Latif’s candidacy and complete his medical examination and other appointment formalities within 30 days. It further ordered them to issue his appointment order after completing the required process.

The judgment clarified that registering a first information report does not establish guilt. Therefore, an FIR alone cannot serve as grounds for excluding a candidate from government employment.

It also held that authorities cannot impose permanent disqualification based on suspicion after a candidate has been acquitted.

Furthermore, the court found it unlawful to disregard a character certificate issued by Dera Ghazi Khan (DG Khan) Police without providing a concrete justification.

Candidate Denied Appointment Despite Securing Second Position

The case involved Abdul Latif, who was acquitted in a criminal case in 2018. He later applied for recruitment as a driver-constable.

Latif secured second position in the recruitment process. However, police authorities declared him ineligible despite his acquittal.

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After the Lahore High Court declined to provide relief, Latif approached the Federal Constitutional Court. He challenged his exclusion from the recruitment process.

The Federal Constitutional Court set aside the police notification and the High Court’s decision. It restored Latif’s right to proceed with the appointment process.

The court also directed the relevant authorities to complete his medical examination and other legal formalities within 30 days.

Chief Justice Sets Six Principles for Government Recruitment

Chief Justice Aminuddin Khan outlined six constitutional principles to guide government recruitment decisions. These principles aim to protect candidates from arbitrary disqualification.

The court stated that recruitment authorities must:

1. Rely on credible evidence: Disqualification must rest on reliable evidence, not suspicion.
2. Respect judicial acquittals: Authorities must recognise and respect court decisions acquitting candidates.
3. Avoid speculative character reports: Negative character assessments must not rely on assumptions or unsupported allegations.
4. Accurately report pending cases: References to criminal proceedings must reflect their actual legal status.
5. Provide an opportunity to be heard: Candidates must have a chance to explain their position before authorities exclude them.
6. Not treat an FIR as proof of guilt: Registering a criminal case does not establish wrongdoing or automatically disqualify an applicant.

The ruling reinforces the need for fair and evidence-based recruitment procedures. It also emphasises that government authorities must respect judicial findings and follow lawful procedures when assessing candidates.

The judgment makes clear that an FIR alone cannot replace proof of wrongdoing or justify automatic exclusion from public employment.