Abdul Sahil vs Union Of India And Others on 21 July, 2026

    0
    17
    ADVERTISEMENT

    Jammu & Kashmir High Court

    Abdul Sahil vs Union Of India And Others on 21 July, 2026

                                                                                        Sr. No. 09
    
    
    
            HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                            AT JAMMU
    
    WP(C) No.593/2025
    
    Abdul Sahil                                                                     .....Petitioner (s)
    
                                           Through :- Mr. Nirmal Kotwal, Sr. Advocate with
                                                      Ms. Surabhi Kotwal, Advocate
                                  v/s
    Union of India and others                                                     .....Respondent(s)
    
                                           Through :- Mr. Vishal Sharma, DSGI with
                                                      Mr. Karan Sharma, CGSC
                                                      Mr. Eishaan Dadhichi, CGSC
    
    CORAM: HON'BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE
    
                                              ORDER
    

    21.07.2026

    01. During the course of hearing, Mr. Vishal Sharma, learned Deputy

    SPONSORED

    Solicitor General of India, invited the attention of this Court to the policy

    guidelines governing the consideration of candidature for appointment to

    the Central Armed Police Forces (CAPFs), particularly with regard to the

    pendency of criminal cases against a candidate and the effect thereof on

    his/her eligibility for appointment.

    02. A bare perusal of the aforesaid policy guidelines reveals that the

    candidature of a candidate for appointment to the CAPFs is liable to be

    dealt with in the following manner in cases involving pendency of

    criminal proceedings:-

    I) The candidate will not be considered for recruitment:-

    a) Such involvement/case/arrest is concerned with an offence mentioned
    in Annexure-A;

    b) Such arrest/detention is made under any of the Acts which are
    concerned with security and integrity of the country, terrorist and disruptive
    activities, acts against the State, insurgency, etc;

    2 WP(C) No.593/2025

    c) The candidate has been detained under the National Security
    Act
    /Crime Control Act/any similar legislation, and the same is confirmed by
    the Reviewing Authority;

    d) Such involvement/case/arrest is concerned with an offence involving
    moral turpitude;

    e) He/she has been convicted by a Court in any case whether or not an
    appeal is pending against such conviction.

    Provided that the candidate shall not be barred in the above cases, if only an
    FIR has been registered the case is under investigation and no charges have
    been framed either on FIR or on the complaint in any Court of Law.
    Provided further that the candidate shall not be debarred if he/she has been
    finally acquitted/discharged by a Court, whether an appeal is pending or not
    against such acquittal.

    Provided further that the candidate shall not be debarred if the proceedings
    are withdrawn by the Central/State Government.
    Provided further that the candidate shall not be debarred if he/she has been
    involved/convicted/concerned with minor offences mentioned in Annexure-
    B or those mentioned in Chapter VIII & X of Code of Criminal Procedure,
    1973.

    II) Where a candidate has been convicted and awarded a jail-term of more than
    six months, he/she will generally not be considered suitable for appointment
    in the CAPF.

    III) Notwithstanding the provisions of 3(iii) above, such candidates against
    whom charge-sheet in a criminal case has been filed in the Court and the
    charges fall in the category of serious offences or moral turpitude, though
    later on acquitted by extending benefit of doubt or acquitted for the reasons
    that the witness have turned hostile due to fear of reprisal by the accused
    person(s), he/she will generally not be considered suitable for appointment
    in the CAFT. The details of crimes which are serious offences or involve
    moral turptidue are at Annexure ‘A’. However, cases in which the criminal
    court, while acquitting has categorically mentioned that the criminal case
    would not be a bar on appointment in Government Services, the candidate
    shall be considered for appointment in the concerned CAPF.
    IV) Involvement in minor offences, traffic violations, juvenile in conflict with
    law (tried in open courts/Juvenile Justice Boards) and accident cases will
    not debar an individual for appointment in CAPFs & ARs provided that
    appointments for the post of Driver and those related to driving will not be
    offered to the individuals, punished for serious traffic offences.

    3 WP(C) No.593/2025

    V) If a candidate is discharged by extending the benefit under the Probation of
    Offender Act, 1958
    , the suitability of such candidate shall be put up for
    consideration of the selection committee as constituted by the DGs of
    CAPFs & ARs from time to time for assessing his/her suitability for
    appointment in the concerned CAPF.

    03. Referring to the aforesaid policy guidelines, Mr. Vishal Sharma, learned

    DSGI submitted that, in the present case, a charge-sheet has already been

    filed against the petitioner. It is, therefore, contended that in view of the

    said policy, particularly with reference to Clause (v) thereof, the

    petitioner’s candidature is not eligible for consideration for appointment

    to the CAPFs. Upon being confronted with the said policy, Mr. Nirmal

    Kotwal, learned Senior Counsel appearing for the petitioner, sought a

    short adjournment to examine the policy guidelines and to assist the Court

    on their applicability to the facts of the present case, or if so advised, to

    avail of such remedy as may be available in law.

    04. Having regard to the request made by learned Senior Counsel for the

    petitioner, the matter is adjourned. It is, however, made clear that no

    further adjournment on any count whatsoever shall be granted on the next

    date of hearing.

    05. List this matter on 05.08.2026.

    06. Interim direction, if any, to continue, till next date of hearing before the

    Bench.

    (Wasim Sadiq Nargal)
    Judge

    JAMMU
    21.07.2026
    Shammi



    Source link

    LEAVE A REPLY

    Please enter your comment!
    Please enter your name here