LAHORE: The Lahore High Court has ordered the capital city police officer (CCPO) to issue appointment letters to two successful candidates who were denied the same for having a criminal record.

Syed Ali Raza Naqvi and another filed a joint petition against non-issuance of appointment letters despite recommendations by the Punjab Public Service Commission (PPSC).

A counsel for the petitioners submitted that they were informed verbally about non-issuance of appointment letters due to criminal cases, in which the petitioners had already been acquitted.

He said the CCPO argued that the acquittal was for absence of evidence, therefore, the petitioners cannot be appointed.

An additional advocate general assisted by a DSP legal submitted that in the presence of criminal record the respondent (CCPO) had discretion to refuse appointment letter despite recommendation by the PPSC.

However, the law officer did not deny that the petitioners were named in the FIRs arising out of some family disputes. He also admitted that the petitioners successfully qualified the process and recommendations for their appointment had been made by the PPSC.

Allowing the petition, Justice Shahid Jamil Khan observed that the discretion cannot be exercised in a mechanical way, when the future of a citizen is at stake.

He said the petitioners, being citizens, have constitutional and fundamental rights under Articles 18 and 25 of the Constitution against discrimination and for choice of occupation and profession.

“In particular under Article 27 of the Constitution, a person qualified for appointment is protected from any discrimination, which in this court’s opinion includes denial for appointment on conjectures and surmises. For having a criminal record opinion, the authority must disclose the reasons,” the judge observed.

The judge noted that the petitioners were named in the FIRs arising out of some family dispute and no evidence or information of their other criminal record was available. He said acquittal for no evidence means that the allegation in the FIR was false.

He maintained that any law abiding citizen, by fate, can be entangled in any criminal case, therefore, his future and fundamental rights under the Constitution cannot be compromised by a rule of thumb.

Justice Khan said: “The rule of thumb followed by the respondents to refuse appointment is declared ultra vires of the Constitution.”

Published in Dawn, October 27th, 2023