Constitutional court sets six principles for background checks in government hiring

The Federal Constitutional Court has issued a written judgment setting out six constitutional principles for criminal background checks in government recruitment. Express News reported that Chief Justice Aminuddin Khan issued the decision.

The case arose from an appeal against a 22 May 2025 ruling of the Multan bench of the High Court. The appellant, Abdul Latif, had placed second on the merit list for the post of driver constable.

He had been acquitted in a case in 2018. Despite the acquittal and a clean police character certificate, the department refused to recruit him. His representation was rejected, and the High Court dismissed both his writ petition and his intra-court appeal.

The Federal Constitutional Court set aside the notification that declared him ineligible for the post, as well as the High Court judgment. It ordered his candidature restored according to his second position on the merit list.

The court directed the department to complete the medical examination and other legal steps and issue his appointment order within 30 days.

On the principles, the court said the mere registration of an FIR will not by itself be grounds for disqualifying someone from government service. It said an acquittal must not be reflected negatively in a police character certificate, and that cases still pending should be mentioned only as pending.

The court also said a candidate will generally not be excluded from recruitment without a hearing and reasonable grounds. It held that the Dera Ghazi Khan police character certificate could not be ignored without solid reason.

According to the court, barring recruitment despite an acquittal is unlawful and contrary to Articles 4 and 25 of the Constitution, and the administration cannot decide on mere suspicion after an acquittal.