FCC rules an FIR alone cannot bar a person from government jobs
The Federal Constitutional Court has ruled that registration of an FIR alone is not a ground for disqualification from government employment. It laid down principles for checking candidates' past records in public recruitment.
- The court said an FIR alone does not disqualify a candidate from a government job.
- After an acquittal, the case must not be shown negatively in a police character certificate.
- No candidate may be dismissed without a hearing and a reasoned decision.
The Federal Constitutional Court (FCC) has ruled that the mere registration of an FIR will not be a reason for ineligibility for government jobs. A bench headed by Chief Justice Aminuddin Khan issued the directions while hearing a case, according to Express News and other outlets.
The Nation reported that the court dismissed a Lahore High Court verdict that had denied appointment to the petitioner because of his earlier involvement in a criminal case. TechJuice reported that the court ordered police to appoint the petitioner, a driver constable candidate, within 30 days. It said the bench set aside the police department's disqualification notification after he had been acquitted by a court.
Business Recorder reported that the court laid down guiding principles for antecedent verification in public recruitment, noting that such checks serve the legitimate aim of maintaining the integrity and discipline of the police force. The judgment was written by the Chief Justice.
The directions are addressed to federal and provincial authorities, particularly law-enforcement agencies. They were told to adopt uniform, transparent rules, consistent with the Constitution, for checking past records in government recruitment.
According to Express News, the court said character verification should rest on authentic and independent confirmation, not on speculation or doubt. After an acquittal, the case must not be shown negatively in a police character certificate. Where proceedings are still pending, only the fact that the case is pending should be mentioned, without presuming the crime.
The court also said no candidate should be dismissed from a job without being heard and without a reasoned decision. Recruitment decisions, it said, should be based on legal standards, merit and justice.
The court stressed that the basic difference between an FIR and a judicially proven crime must be maintained. It described an FIR as only an accusation, which is neither evidence nor proof of a crime.
Why it matters
Job seekers in Pakistan who have faced an FIR, especially those later acquitted, may see their police character verification treated differently in government recruitment.
