Chief Justice Aminuddin Khan of the Federal Constitutional Court has laid down six constitutional principles for background checks in government recruitment. In a written judgment arising from a police hiring dispute, the court held that a mere FIR does not by itself make someone unfit for public employment, and it restored the candidacy of driver-constable applicant Abdul Latif, who had been blocked despite an acquittal.
Six principles for background checks
The Federal Constitutional Court—Pakistan’s federal constitutional bench—said candidates’ background and fitness must be assessed objectively. Negative character findings, it said, should rest on authentic, verifiable evidence rather than conjecture. Judicial acquittal must be recognised, and registration of an FIR alone is neither proof of crime nor a presumption of guilt.
Under the ruling, a case that ended in acquittal should not be shown in a negative light on a police character certificate. Matters still before a court may be mentioned only as pending. As a general rule, no candidate should be shut out of recruitment without a hearing and without reasonable grounds. Hiring decisions, the court added, must follow legal standards, merit, and the Constitution’s guarantees of justice and equality.
Abdul Latif’s case and the court’s orders
Abdul Latif had secured second place on the merit list for a driver-constable post. He was acquitted in a case in 2018 and held a clean police character certificate from Dera Ghazi Khan police, yet the department still refused to appoint him. After his representation was rejected, a writ and an intra-court appeal in the high court were dismissed.
An appeal was filed against the Lahore High Court Multan Bench judgment of 22 May 2025. The Federal Constitutional Court set aside both the disqualification notification and that high court decision. It held that blocking recruitment after acquittal was illegal and contrary to Articles 4 and 25 of the Constitution, ordered Latif’s candidacy restored according to his second-place merit position, and directed that medical examination and other lawful steps be completed within 30 days so an appointment order can be issued.
The court said a past FIR and subsequent acquittal can no longer be used to stop his recruitment, and that after acquittal the administration cannot decide on mere suspicion. It also held that the Dera Ghazi Khan police character certificate could not be brushed aside without solid reason, and described the department’s conduct as legal mala fide and an unlawful use of authority. Negative steps, it noted with reference to Islamic injunctions cited in the judgment, should rest on confirmed facts, not suspicion alone. It further observed that the high court had not identified the legal defect within its constitutional jurisdiction.
Timeline: what has happened so far
- 2018: Abdul Latif is acquitted in a criminal case later cited against his police recruitment.
- After selection: He ranks second on the driver-constable merit list; the department still refuses appointment despite acquittal and a clean character certificate.
- High court stage: His representation is rejected; a writ and an intra-court appeal are dismissed.
- 22 May 2025: The Lahore High Court Multan Bench issues the judgment later challenged on appeal.
- Written judgment: Chief Justice Aminuddin Khan’s court issues six principles, quashes the ban and high court order, restores Latif’s candidacy, and sets a 30-day path to appointment.
Aasan alfaaz mein
Federal Constitutional Court ne sarkari bhartiyon ke background check ke liye 6 usool de diye hain. Sirf FIR likhne se ab naukri khatam nahi hoti, aur beriat ke baad us case ko rokawat nahi banaya ja sakta. Character report andaza ya shubhe par nahi, balki sabit shawahid par honi chahiye. Abdul Latif jaisa umeedwar, jo 2018 mein bari ho chuka tha, phir se appointment ke qabil qarar diya gaya hai.
