FCC sets six principles for criminal background checks in government recruitment

The Federal Constitutional Court has laid down six principles for examining candidates’ character and criminal records before recruitment to government jobs, ruling that the mere registration of a First Information Report (FIR) cannot automatically disqualify an applicant from public employment.

Chief Justice Aminuddin Khan issued a written judgment in a case concerning the recruitment of a driver constable. Although the candidate was acquitted, the court set aside the disqualification notice and the decision of the Multan Bench of the Lahore High Court.

The court ruled that legal innocence must be recognized and the candidate’s background and qualifications must be objectively assessed. Any bad character test must be based on real and verifiable evidence, not guesswork.

Six principles of government recruitment

In its written judgment, the Federal Constitutional Court established the following principles:

1. Registration of FIR: Mere registration of an FIR against a candidate cannot serve as an automatic ground for disqualification from government employment as an FIR is not proof of a crime or presumption of guilt.
2. Presumption of Innocence: The authorities have to presume the innocence of the court and cannot take an adverse decision based on mere suspicion after the 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 a pending case refers only to its pending status.
5. Right to be heard: Candidates cannot normally be excluded from employment without an opportunity to be heard and without good reason.
6. According to the verdict, the relevant authorities were directed to complete his medical examination and other legal procedures within 30 days and issue an employment order.

The applicant was criminally acquitted in 2018 and had a clear police identity. However, despite his acquittal, the police department refused to hire him.

The decision of the police was declared illegal

The Federal Constitutional Court ruled that the identity card of the Dera Ghazi Khan police station cannot be ignored without sufficient reason. The court found that the department’s action was legal malpractice and an illegal exercise of its powers.

The written ruling also referred to the Quranic verses surah Al-Hujurat, Surah An-Nisa and Surah Al-Maidah, which state that Islamic teachings require negative actions to be based on confirmed facts and not just suspicion.