FCC sets six principles for criminal background checks in government recruitment

Chief Justice Aminuddin Khan issued a written judgment in a case concerning the recruitment of a driver constable. The court declared null and void the notification disqualifying a candidate despite his acquittal, as well as the decision of the Lahore High Court's Multan Bench.

The court ruled that judicial acquittals must be recognised and candidates' backgrounds and eligibility assessed objectively. Any adverse character verification must be based on authentic and verifiable evidence rather than speculation. Six Principles for Government Recruitment.

In its written judgment, the Federal Constitutional Court established the following principles:1. FIR registration: Merely registering an FIR against a candidate cannot serve as an automatic ground for disqualification from government employment, as an FIR does not constitute proof of a crime or establish a presumption of guilt.2.

Recognition of acquittal: Authorities must recognise judicial acquittals and cannot make adverse decisions based merely on suspicion after a candidate has been acquitted.3. Police character certificates: Previous criminal cases resulting in acquittal cannot be portrayed negatively in a police character certificate.4.

Pending cases: Any reference to cases still under trial must be limited to their pending status.5. Right to a hearing: Candidates generally cannot be excluded from recruitment without being given an opportunity to be heard and without reasonable grounds.6.

Merit and constitutional principles: Recruitment decisions must comply with legal standards, merit, fairness and the constitutional principles of equality and justice. Court Restores Candidate's Candidature.

The court ordered the restoration of petitioner Abdul Latif's candidature, who had secured second position on the merit list for the post of driver constable., the relevant authorities were directed to complete his medical examination and other legal formalities within 30 days and issue his appointment order.

The petitioner had been acquitted in a criminal case in 2018 and also possessed a clear police character certificate. However, the police department had refused to recruit him despite his acquittal. Police Department's Decision Declared Unlawful.

The Federal Constitutional Court observed that the Dera Ghazi Khan police department's character certificate could not be disregarded without substantial reasons. It held that the department's action amounted to legal mala fide and an unlawful exercise of authority.

The written judgment also referred to Quranic verses from Surah Al-Hujurat, Surah An-Nisa and Surah Al-Ma'idah, observing that Islamic teachings require adverse actions to be based on verified facts rather than mere suspicion.