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Punjab Police’s Recruitment Policy Disqualifying Candidates based on Past Criminal Cases even after Acquittal violates Fundamental Rights and is Unconstitutional --- Lahore High Court, Lahore

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Punjab Police’s Recruitment Policy Disqualifying Candidates based on Past Criminal Cases even after Acquittal violates Fundamental Rights and is Unconstitutional --- Lahore High Court, Lahore

Islamabad 25-03-2025: The Lahore High Court, Bahawalpur Bench, has struck down Punjab Police’s recruitment policy barring candidates with prior criminal cases, even if acquitted. Mr. Justice Anwaarul Haq Pannun, in [W.P No. 2062 of 2023] Umar Sheraz Vs. Govt. of Punjab, ruled that such policies violate fundamental rights guaranteed under the Constitution of Pakistan.

The Petitioner had applied for the post of constable in the Punjab Highway Patrol under the minority quota. Despite successfully clearing all recruitment stages, his appointment was denied based on a past criminal case under Section 377 of the Pakistan Penal Code (PPC). The case had been registered in 2014, but Petitioner was acquitted in 2015 on the basis of a compromise. The police authorities cited his non-disclosure of this past case as grounds for rejecting his appointment.

The Court ruled that an acquittal grants a double presumption of innocence, meaning the petitioner could not be penalized for a past case that was never proven against him. Mr. Justice Anwaarul Haq Pannun observed that the Punjab Police’s policy, which disqualifies candidates merely on the basis of past accusations, lacks any legal basis and contradicts Articles 9, 18, and 27 of the Constitution.

“The government cannot circumvent judicial verdicts by issuing internal policies that infringe upon the fundamental rights of citizens,” the judgment stated. The Court further noted that requiring candidates to disclose past cases even when acquitted was unreasonable, as the advertisement only asked for details of pending cases.

The judgment referred to various Supreme Court precedents, emphasizing that all acquittals are honorable acquittals and must be treated as such. It highlighted that denying employment based on unproven allegations amounts to a violation of the right to livelihood, as protected under the Constitution.

Additionally, the Court criticized the Punjab Police for issuing internal instructions that contradict judicial verdicts. It reaffirmed that the judiciary’s decisions are binding on all executive authorities, and any attempt to undermine them is unconstitutional.

The Lahore High Court set aside the rejection order dated 02.03.2023, declaring it illegal and without lawful authority. The Punjab Police was directed to issue the Petitioner’s appointment letter within 15 days and ensure compliance with the Court’s ruling.