STOCK MARKET BSE NSE

HC: Acquitted Men Can't Join Police

Larger bench by a 4:1 majority upheld Feb 2008 verdict by a three-judge Full Bench

Published: 28th February 2014 07:42 AM  |   Last Updated: 28th February 2014 07:50 AM   |  A+A-

In a landmark ruling, a five-judge bench of the Madras High Court here by a majority ruling has held that persons acquitted from criminal cases or suppressing information about their past brush with law can be disqualified from joining the Police Department.

The verdict sets to rest past interpretations to the contrary by various single judges of the High Court. In essence, the larger bench by a 4:1 majority has upheld the February 2008 judgment (Manikandan Case) laid down by the three-judge Full Bench of the High Court disallowing those acquitted in criminal cases from being recruited as policemen as per Rule 14 (b) (iv) of the Tamil Nadu Special Police Subordinate Service Rules.

The larger bench comprising Justices R Sudhakar, S Tamilvanan, A Selvam, M Sathyanarayanan and B Rajendren, was constituted by then Chief Justice R K Agrawal on a reference by Justice S Nagamuthu last year.

Delivering a common verdict, the four members of the larger bench, except for Justice Tamilvanan, upheld the constitutionalist of Rule 14 (b) (iv) of the Police Service Rules.

The Rule says: (a) A person acquitted on benefit of doubt or discharged in a criminal case, can still be considered as disqualified for selection to the police service of the State and that the same cannot be termed as illegal or unjustified; and  (b) That the failure of a person to disclose in the application form, either his involvement in a criminal case or the pendency of a criminal case against him, would entitle the appointing authority to reject his application on the ground of concealment of a material fact, irrespective of the ultimate outcome of the criminal case.

Stay up to date on all the latest Tamil Nadu news with The New Indian Express App. Download now

Comments

Disclaimer : We respect your thoughts and views! But we need to be judicious while moderating your comments. All the comments will be moderated by the newindianexpress.com editorial. Abstain from posting comments that are obscene, defamatory or inflammatory, and do not indulge in personal attacks. Try to avoid outside hyperlinks inside the comment. Help us delete comments that do not follow these guidelines.

The views expressed in comments published on newindianexpress.com are those of the comment writers alone. They do not represent the views or opinions of newindianexpress.com or its staff, nor do they represent the views or opinions of The New Indian Express Group, or any entity of, or affiliated with, The New Indian Express Group. newindianexpress.com reserves the right to take any or all comments down at any time.

flipboard facebook twitter whatsapp