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2013 (7) TMI 1170 - SC - Indian Laws

Issues Involved:
1. Whether the candidature of individuals acquitted in criminal cases can be canceled by the Screening Committee for police recruitment.
2. The impact of past criminal cases on eligibility for police service.
3. The relevance of the nature of acquittal (honourable vs. benefit of doubt) in determining suitability for police service.

Summary:

Issue 1: Candidature Cancellation by Screening Committee
The Supreme Court examined whether the Screening Committee of the Delhi Police could cancel the candidature of individuals who disclosed their involvement in criminal cases and were subsequently acquitted. The Court upheld the Screening Committee's decision, emphasizing that even acquitted candidates could be deemed unsuitable if the acquittal was not honourable or if the charges involved serious offenses or moral turpitude. The Screening Committee's role is to ensure only individuals with impeccable character join the police force.

Issue 2: Impact of Past Criminal Cases on Eligibility
The Court noted that past involvement in criminal cases is not explicitly listed as a disqualification in the Delhi Police Rules. However, Standing Order No. 398/2010 allows the Screening Committee to assess the suitability of candidates acquitted or discharged in criminal cases. The policy aims to maintain high standards within the police force by excluding individuals with dubious backgrounds, even if they were acquitted due to technicalities or witness hostility.

Issue 3: Nature of Acquittal
The Court differentiated between honourable acquittals and those based on benefit of doubt or technical grounds. It stated that acquittals resulting from serious flaws in prosecution or witness hostility do not equate to honourable acquittals. The Screening Committee is justified in rejecting candidates whose acquittals fall into these categories, as their involvement in serious crimes poses a threat to the integrity of the police force.

Conclusion:
The Supreme Court allowed the appeals, setting aside the High Court's orders and upholding the cancellation of the respondents' candidature. The Court emphasized the importance of maintaining high standards and integrity within the police force, supporting the Screening Committee's discretion in assessing the suitability of candidates with past criminal involvement.

 

 

 

 

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