APP
The Federal Constitutional Court of Pakistan (FCCP) has ruled that a Rs500 fine for a minor offence cannot permanently disqualify a candidate from police recruitment, particularly when the candidate has not concealed his criminal record.
A two-member bench comprising Chief Justice Amin-ud-Din Khan and Justice Ali Baqar Najafi dismissed an appeal filed by the Khyber Pakhtunkhwa police chief, upholding the Peshawar High Court’s decision in favour of Hanifullah. In its written judgment authored by Justice Ali Baqar Najafi, the court observed that a minor offence should not affect a person’s entire life. The nature of the offence, punishment and likelihood of future criminal conduct must be considered.
Hanifullah was fined Rs500 in 2018 after admitting an offence under Sections 285 and 286 of the Pakistan Penal Code in a case registered at Talash Police Station, Lower Dir, relating to negligence involving fire or explosive substances. The court observed that the offence did not fall within the category of serious crimes or offences involving moral turpitude. It also noted that the record did not establish Hanifullah as a habitual offender. The judgment emphasised that punishment must be proportionate to the offence and that Article 10-A of the Constitution guarantees the right to a fair trial and due process. It further observed that a person should not be deprived of employment for life without being informed of the legal consequences of admitting guilt.
The Peshawar High Court’s Mingora Bench had directed the authorities on March 15, 2023, to consider Hanifullah for appointment as a constable. The FCC dismissed the police chief’s appeal in its judgment dated May 5, 2026.