The Federal Constitutional Court (FCC), Pakistan’s top constitutional bench for such matters, on Tuesday dismissed Lahore High Court verdicts that had blocked a man’s appointment as a Driver Constable because of an earlier criminal case, even though he had been acquitted.
A two-member bench headed by Chief Justice Amin-ud-Din Khan, with Justice Ali Baqar Najafi, heard Abdul Latif’s appeal against the High Court. The FCC held that an acquittal cannot be treated as a lasting stigma that keeps someone out of government jobs when there is no other proven adverse material.
How the appointment was denied
According to the case facts, Abdul Latif secured second place on the merit list for Driver Constable. He was still refused the post over previous involvement in a criminal matter, despite an acquittal dated 11 October 2018 and later police character certificates that reflected no criminal record.
His representation was rejected by the competent authority on 2 September 2024. The High Court then dismissed his writ petition on 10 April 2025 and his Intra-Court Appeal on 22 May 2025. He brought the matter to the FCC seeking leave to appeal.
What the FCC held
The judgment stressed a basic line between registering a First Information Report (FIR)—the police complaint that starts a criminal case—and guilt proved in court. An FIR, the court said, is only an accusation; it is neither proof nor a presumption that the person is guilty.
Once a competent court has acquitted someone, the appointing authority cannot ignore that decision or treat the old charge as established misconduct. Officials may still assess a candidate’s background and suitability, but that discretion must be exercised in good faith, on material that can be checked, and within the law.
The FCC said mere involvement in a criminal case that ends in acquittal cannot, without separately established adverse facts, amount to a perpetual ban on public employment. Doing otherwise would replace a court’s finding with administrative suspicion and clash with constitutional ideas of legality, fairness and equal protection.
Police Rules and wider guidance
The Police Rules, 1934, govern recruitment and background checks in the police. Rule 12.18, the court said, must be read with the statute and with constitutional limits against arbitrary action. Checking antecedents can protect the force’s integrity, but it cannot create disqualifications the law does not allow.
The FCC asked competent federal and provincial authorities, especially law-enforcement agencies, to bring recruitment practice into line with clear principles: an FIR alone is not a disqualification; judicial acquittal must be given due weight, subject to an objective look at suitability; adverse character findings must rest on authentic, independently verifiable material, not conjecture; after acquittal, the case should not appear adversely on a Police Character Certificate, while pending cases may be noted as pending without assuming guilt; candidates should ordinarily not be shut out without a real hearing and a reasoned decision; and hiring must follow statutory criteria, merit, proportionality and guarantees of fairness and equality.
Timeline: what has happened so far
- 11 October 2018: Abdul Latif is acquitted in the criminal case later cited against his appointment.
- 2 September 2024: The competent authority rejects his representation seeking the Driver Constable post.
- 10 April 2025: The Lahore High Court dismisses his writ petition.
- 22 May 2025: The High Court dismisses his Intra-Court Appeal.
- Tuesday: The FCC dismisses the High Court verdicts and sets out guiding principles for antecedent verification in public recruitment.
Aasan alfaaz mein
Federal Constitutional Court ne faisla diya ke agar kisi ko case mein bari mil chuki ho, to sirf purani FIR ki wajah se sarkari naukri nahi rokni chahiye. Driver Constable ke liye merit mein doosre number par aane wale Abdul Latif ko pehle inkaar hua tha, lekin ab High Court ke us faisle ko kharij kar diya gaya. Police aur doosri departments ko rules is tarah chalane honge ke bari hone ke baad bina solid saboot ke kisi ko hamesha ke liye band na kiya jaye. Aam logon ke liye matlab yeh hai ke saaf certificate aur court ki bari ke baad sarkari hiring mein andaza ya shak kaafi nahi.
