Law: Sindh Civil Servants Act, (XIV of 1973)

Section: 15

Law: Pakistan Penal Code, 1860

Section: 506/2, 337-A(i), 337-F(i), 148, 149, 504, 353, 452, 427

Law: Criminal Procedure Code (V of 1898)

Section: 249-A, 265-K

Summary:

This judgment deals with three constitutional petitions filed by candidates who were selected for appointments as Police Constables/Driver Police Constables in the Sindh Police Department but were subsequently denied their appointments due to their alleged involvement in criminal cases. Despite having passed written tests, physical fitness tests, and viva voce, and being acquitted in all the criminal cases against them, their appointments were withdrawn by the police authorities.

The petitioners argued that mere involvement in criminal cases, without conviction, does not legally disqualify them from appointment. The Court reviewed precedents including Dr. Muhammad Islam v. Government of NWFP, Chairman Agricultural Development Bank of Pakistan v. Mumtaz Khan and recent Supreme Court rulings. The Court held that all acquittals, including those based on compromise or benefit of doubt, are "honourable acquittals" and cannot be used as grounds to deny appointments. It was noted that the Sindh Civil Servants Act, 1973, specifically Section 15, disqualifies only those convicted of offenses involving moral turpitude, not those acquitted.

In light of this, the Court declared the denial of appointments based solely on prior criminal cases (in which petitioners were acquitted) as illegal and directed the respondents to issue appointment orders within 30 days.