The Federal Constitutional Court (FCC) has ruled that mere involvement in a criminal case, followed by acquittal, cannot - in the absence of independently established adverse material - constitute a perpetual disqualification from public employment. The court observed that any contrary approach would substitute administrative suspicion for judicial determination, offending the constitutional principles of legality, fairness, and equal protection of law.
A two-member FCC bench, headed by Chief Justice Amin-ud-Din Khan and comprising Justice Ali Baqar Najafi, announced the judgment in a case related to an appointment in the police department. The petitioner, Abdul Latif, had filed an appeal against the judgment dated 22.05.2025 passed by the Division Bench of the Lahore High Court, Multan Bench, dismissing his intra-court appeal.
As per the facts of the case, despite securing the second position in the merit list for driver constable, he was denied appointment due to his previous criminal involvement, notwithstanding his acquittal and clear police character certificates. His representation, subsequent writ petition, and the intra-court appeal were dismissed by the competent authority and the high court, respectively, leading to the petition for leave to appeal.
The FCC, after hearing the case at length, allowed the appeal and set aside the Lahore High Court judgment, along with the consequential departmental determination excluding the petitioner from appointment as driver constable, as being without lawful authority and of no legal effect.
The court directed the respondents - the Inspector General of Police and others - to restore the petitioner's candidature strictly in accordance with his merit position and to complete all outstanding statutory and procedural formalities, including medical fitness and other mandatory requirements, within 30 days of receipt of a certified copy of the judgment.
"Upon fulfilment of the prescribed requirements under the relevant recruitment process, the competent authority shall issue the requisite appointment order without unnecessary delay," said the 10-page judgment authored by Justice Khan. "The antecedent registration of FIR No. 307/2017, having culminated in judicial acquittal, shall not, per se, constitute a disqualification or furnish an independent ground for withholding appointment," the court held.
It noted that the petitioner's acquittal had attained finality approximately 4 years prior to the commencement of recruitment proceedings, leaving no subsisting conviction or pending criminal prosecution against him. "Moreover, the subsequent character verification certificates issued by the Police Department itself disclosed no criminal record," said the judgment.
In such circumstances, the court held, the appointing authority was legally obligated to undertake an objective appraisal of the judgment of acquittal, relevant antecedents, and other material bearing upon the petitioner's suitability. The ruling serves as a landmark precedent for future recruitment processes, ensuring that candidates are not unfairly penalized for past allegations that have been legally cleared by the judiciary.