Federal Constitutional Court of Pakistan

Provincial Police Officer KPK Peshawar v. Hanifullah

Published on this website

CPLA No. 302-P of 2023

Citation: Approved for reporting; reporter citation not stated in the judgment

Pakistan | Pakistan Penal Code, 1860 | Section 285Pakistan | Pakistan Penal Code, 1860 | Section 286Pakistan | Code of Criminal Procedure, 1898 | Section 243Pakistan | Constitution of the Islamic Republic of Pakistan, 1973 | Article 10-APakistan | Police Rules, 1934 | Rule 12.14

Background

Background

In Hanifullah’s case, the FCC held that a disclosed conviction carrying a Rs 500 fine could not permanently bar police recruitment. Consideration, not automatic appointment.

Legal questions

Whether a disclosed minor conviction under sections 285/286 PPC carrying a Rs 500 fine could permanently prevent consideration for police recruitment.

Court holding

What the Court decided

The minor conviction could not impose a permanent bar on Hanifullah’s induction into police service, particularly because he had disclosed it and was not a habitual offender. The nature of the offence, penalty and proportionate consequences mattered.

Final outcome

Final outcome

CPLA dismissed as meritless and leave refused. Peshawar High Court direction to consider Hanifullah for the constable post remained intact; no automatic appointment or reversal of conviction was ordered.

Practical effect

What the decision means in practice

CPLA dismissed as meritless and leave refused. Peshawar High Court direction to consider Hanifullah for the constable post remained intact; no automatic appointment or reversal of conviction was ordered.

This summary states the immediate effect recorded in the decision. The original judgment and the facts of the particular case remain controlling.

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