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MUHAMMAD MEHBOOB HAYAT vs INSPECTOR GENERAL OF POLICE, PUNJAB S — 2025 PLC(CS) 1657 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2025 PLC(CS) 1657 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2025
Reporter
PLC
Parties
MUHAMMAD MEHBOOB HAYAT vs INSPECTOR GENERAL OF POLICE, PUNJAB S
Subject matter
Criminal
Provisions referred to
S. 249-

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD MEHBOOB HAYAT VS INSPECTOR GENERAL OF POLICE, PUNJAB S. 249-a---Constitution of Pakistan, arts. 4, 9 & 18---acquittal from criminal offence---Petitioner was denied appointment in police department on the ground that a criminal case was registered against him, though he had been acquitted of the charge---Validity---In absence of conviction or a finding of moral turpitude and where no suppression of material facts was established, refusal of appointment solely on the basis of past F.I.R. amounted to denial of fundamental rights---Mere registration of F.I.R., followed by acquittal did not per se constitute a valid ground to deny public employment---Unless there was a conviction or the acquittal was based on compromise or technical grounds involving moral turpitude, candidate's eligibility could not be denied on such basis---acquittal on merit restored presumption of innocence and disqualifying a candidate without legal basis would amount to arbitrariness as it violated inviolable Constitutional rights protected by arts. 4, 9 & 18 of the Constitution---acquittal of petitioner under S. 249-a, Cr.P.C. was not a mere technical discharge but a judicial finding based on complete lack of evidence and false implication meriting full exoneration---Rejection of representation made by petitioner by relying on policy, without considering exonerating circumstances and judicial record was not only arbitrary and discriminatory but had also violated principles of administrative justice and fairness---Such action of authorities was inconsistent with dictates of due process and was not sustainable in the eyes of law---High Court directed the authorities to proceed further with appointment process of petitioner---Constitutional petition was allowed in circumstances.

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