SC approves Delhi Police decision, says no tainted candidates for force

Dealing with the appeal of the Delhi Police which lost before the CAT and the Delhi HC, a bench of justices KM Joseph and S Ravindra Bhat said in matters of public employment, courts should not second guess a candidate’s suitability as this function is best left to the executive power of the state

The Supreme Court on Wednesday approved the decision of the Delhi Police to refuse appointment as constables to four persons acquitted in criminal cases as the judges held that persons recruited to police force should have the ability to inspire public confidence.

The Supreme Court. (HT archive)

Dealing with the appeal of the Delhi Police which lost before the Central Administrative Tribunal (CAT) and the Delhi high court, a bench of justices KM Joseph and S Ravindra Bhat said that in matters of public employment, courts should not second guess the suitability of a candidate as this function is best left to the executive power of the state.

The top court set aside the decision of the Delhi high court of December 5, 2013 noting serious lapses on how it sought to condone the offences of kidnapping, house trespass, causing grievous hurt and rioting against the four candidates based on their young age and rural setting where such crimes are frequent.

The top court said, “The impugned order indicates a broad view that such misdemeanour should not be taken seriously, given the age of the youth and the rural setting. Such generalisations, leading to condonation of the offender’s conduct, should not enter the judicial verdict and should be avoided.”

“Each case is to be scrutinised by the concerned public employer, through its designated officials- more so, in the case of recruitment for the police force who are under a duty to maintain order, and tackle lawlessness, since their ability to inspire public confidence is a bulwark to society’s security,” the bench stated in its judgment.

The four candidates – Raj Kumar, Shiv Singh, Deepa Tomar and Prem Singh Chaudhary – had applied for constable posts in the Delhi Police following an advertisement issued in the year 2009. In their applications, they disclosed the criminal instituted against them.

Raj Kumar was accused of house trespass (Section 451), rioting (Section 147), causing hurt (Section 323) and endangering life (Section 336) of the Indian Penal Code (IPC) while Shiv Singh and Prem Singh Chaudhary faced offences of causing grievous hurt (Section 325), wrongful restraint (Section 341) under IPC. Deepa Tomar was charged with abduction (Section 364) of IPC of her own husband which she claimed to be a counterblast to her dowry harassment case filed against in-laws.

In all cases, except that of Tomar, the trial court acquitted the accused either for want of evidence or on account of the accused having compromised with the complainant. Tomar was acquitted following trial.

The screening committee of the Delhi Police found them unsuitable for appointment. The candidates got relief from CAT in separate orders which was brought up in appeal at the Delhi high court by Delhi Police.

The top court said, “Courts exercising judicial review cannot second guess the suitability of a candidate for any public office or post. Absent evidence of malice or mindlessness (to the materials), or illegality by the public employer, an intense scrutiny on why a candidate is excluded as unsuitable renders the courts’ decision suspect to the charge of trespass into executive power of determining suitability of an individual for appointment.”