Acquittal is no shield: Supreme Court rules disciplined forces can dismiss corrupt officials despite court clearance

ISLAMABAD – The Supreme Court of Pakistan dismissed a petition for leave to appeal filed by a former police constable, ruling that a criminal acquittal based on "winning over witnesses" does not grant a vested right to be reinstated into a disciplined force on Wednesday. The Court emphasized that departmental integrity and public trust outweigh the mere absence of a criminal conviction.

A two-member bench, headed by Chief Justice Yahya Afridi and Justice Muhammad Ali Mazhar, maintained that criminal trials and departmental inquiries operate in "distinct legal domains". While a criminal court requires proof "beyond a reasonable doubt," a departmental inquiry relies on the "balance of probabilities".

Justice Muhammad Ali Mazhar, authoring the judgment, noted that the petitioner, Shahzad Hussain, had been caught "red-handed" in a 2021 sting operation supervised by a Judicial Magistrate while receiving a Rs. 30,000 bribe.

The Court rejected the argument that the petitioner’s acquittal by a Special Anti-Corruption Judge should automatically nullify his dismissal. The judgment pointed out that the acquittal was secured after the complainant submitted an "exonerating affidavit"—a move the Court characterized as "winning over the prosecution witnesses".

"The acquittal on mere technicalities... does not extend or mature any vested right or premium for an automatic reinstatement in service," the Court observed. "The delinquent has to pass through the acid test of departmental proceedings first", the court stated.

The bench underscored that the police force requires "unimpeachable character" to maintain public confidence. The Court held that even if a criminal court clears an individual of charges like bribery or moral turpitude, the department retains the prerogative to decide if that individual is "fit and suitable" to return to duty.

Case Background:

Hussain was dismissed in December 2021 following a departmental inquiry conducted by the SP (Investigation) Rajanpur, which found him guilty of misconduct. His subsequent appeals to departmental authorities and the Punjab Service Tribunal were all rejected, leading to the final Supreme Court challenge.