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Supreme Court: Crime case acquittal no clean chit for police job

Team SoOLEGAL 10 Jan 2018 10:12am

Supreme Court: Crime case acquittal no clean chit for police job

Acquittal in a criminal case is no guarantee for getting into the police force despite clearing all tests prescribed for the post, the SC said while upholding the Chandigarh administration's decision to slam the door on five persons on this ground.

Five men had cleared tests involving physical efficiency, physical measurement, written and interview and were looking forward to a career in Chandigarh police as constables. They had also voluntarily declared that they had been acquitted from charges involving Section 323 (causing physical hurt to others) and Section 506 (criminal intimidation) of IPC by a trial court which gave them the benefit of doubt.


Though, the screening committee headed by a senior superintendent of police found them unsuitable for police job because of their involvement in criminal cases. The five men moved the Central Administrative Tribunal (CAT), which ordered the Chandigarh administration to employ them in its police force. The Punjab and Haryana HC upheld the CAT decision and said there was no concealment of criminal antecedents. The Chandigarh administration appealed against the HC decision in the Supreme Court.


A bench of Justices R Banumathi and U U Lalit said, "Acquittal in a criminal case is not conclusive of the suitability of the candidates for the concerned post. If a person is acquitted or discharged, it cannot always be inferred that he was falsely involved or he had no criminal antecedents. Unless it is an honourable acquittal, the candidate cannot claim the benefit of the case."

Writing the judgment for the bench, Justice Banumathi said entering the police service required a candidate to be of good character and integrity and have clean antecedents. "While deciding whether a person involved in a criminal case has been acquitted or discharged should be appointed to a post in a police force, nature of offence in which he is involved, whether it was an honourable acquittal or only an extension of benefit of doubt because of witnesses turned hostile and flaws in the prosecution are all aspects to be considered by the screening committee for taking the decision whether the candidate is suitable for the post," she said.

The bench said the procedure followed by the screening committee could not be faulted as it was with the object of ensuring that only persons of impeccable character entered the police force. Moreover, there was no allegation of mala fide against the committee's decision, it added, and set aside the decisions of the High Court and Central Administrative Tribunal (CAT).

In the Indira Gandhi assassination case, accused Delhi Police sub-inspector Balbir Singh was sentenced to death after being convicted along with others by the trial court. The Delhi High Court upheld the conviction and sentence. But in 1988, the SC acquitted him after giving him the benefit of doubt. Despite his acquittal, he was dismissed from service. CAT ordered his reinstatement in service.

A three-judge Supreme Court bench in 1998 upheld his dismissal and said acquittal from a criminal case was different from the totality of material considered by the authority in taking the decision to dismiss him from service, including his association with subversive elements posing threat to the security of the country.



Tagged: Supreme Court   criminal case   Central Administrative Tribunal   CAT   Police Job  
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