Punjab Police Can’t Reject Candidates with Old or Pending FIRs: Federal Constitutional Court

The Federal Constitutional Court has ruled that Punjab Police cannot reject recruitment candidates solely because an FIR was previously registered against them or is still pending.

In a six-page judgment authored by Chief Justice Amin-ud-Din Khan, the court upheld an order of the Lahore High Court and said recruitment authorities must examine each case on its own facts rather than applying the policy mechanically.

The court observed that while government departments can check the background, character, and suitability of candidates, especially for a disciplined force like the police, this authority must be exercised fairly and within constitutional limits.

According to the judgment, refusing appointment only by referring to a previous FIR, without considering an acquittal or the circumstances of the case, does not show proper use of discretion.

The court said an FIR alone cannot be treated as an automatic and permanent disqualification, particularly when the candidate has later been cleared by a competent court.

It added that executive instructions or policy letters may regulate recruitment and background checks, but they cannot override the legal effect of a judicial decision.

Once a candidate has been acquitted, the appointing authority cannot continue treating the allegations in the FIR as proven, the judgment noted. Doing so would amount to replacing a court’s finding with executive suspicion, which is not permitted under the constitutional framework.

However, the court clarified that acquittal does not automatically entitle a person to appointment in the police force.

It said hiring in the Police Department still depends on the appointing authority being satisfied that the candidate has the required character, integrity, and suitability for service in a disciplined force.