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“There Cannot Be Any Mechanical Denial of Appointment in Judicial Service on the Ground of Moral Turpitude”, says SC

Team SoOLEGAL 17 Oct 2018 10:30am

“There Cannot Be Any Mechanical Denial of Appointment in Judicial Service on the Ground of Moral Turpitude”, says SC

A Supreme Court bench of Justices Kurian Joseph, Sanjay Kishan Kaul and Navin Sinha has directed the Maharashtra government to reconsider the candidature of a man who was denied judicial appointment on the ground of ‘moral turpitude’.

The top court’s observation came on an appeal filed by Mohammed Imran, who was denied appointment to the judicial services because of being involved in a kidnapping case.

Imran has been alleged to have helped his friend Bilal kidnap a girl in an autorickshaw in Sangli district, Maharashtra in October 2004.

However, the appellant had been acquitted of charges of kidnapping before taking and clearing the exam for judicial services.

In fact, Imran also cleared the interview round and was recommended for appointment as a judicial officer by the Maharashtra Public Service Commission in 2009.

However, the appellant was denied appointment because of an adverse character certificate given by the state police citing moral turpitude based on his kidnapping charges, in June 2010

During the hearing, the court emphasized the need to “appreciate individual facts and circumstances in each case before making decisions”. The court further said that every individual deserved an opportunity to improve, learn from the past, and move ahead in life by self improvement.

Following these observations, Justice Sinha while writing the judgment said, “Undoubtedly, judicial service is very different from other services and the yardstick of suitability that may apply to other services, may not be the same for a judicial service. But there cannot be any mechanical or rhetorical incantation of moral turpitude to deny appointment in judicial service simplicitor.”



Tagged: Judicial Appointments   Appointment as Judicial Officer   Maharashtra Government   Maharashtra   Justice Kurian Joseph   Justice Sanjay Kishan Kaul   Justice Navin Sinha   Supreme Court  
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