Court rules involvement in heinous crime disqualifies candidate, despite juvenile acquittal, due to integrity standards of police service
In a significant ruling, the Telangana High Court dismissed the writ petition filed by Kukkala Raju, challenging the cancellation of his provisional selection for police recruitment. The judgment, delivered by Justice K. Sarath, emphasized the importance of integrity and moral conduct in police services, highlighting that involvement in a crime of moral turpitude disqualifies a candidate, even if acquitted as a juvenile.
Kukkala Raju had applied for the post of Stipendiary Cadet Trainee Police Constable (Civil) and was initially selected under the 2018 notification. However, his selection was annulled due to a reported color vision defect. In a subsequent recruitment drive in 2022, his candidature was again nullified after authorities cited his involvement in a 2009 criminal case, where he was accused of murdering his mother and attempting to murder his sister.
The petitioner argued that as he was acquitted by the Juvenile Justice Board, the past record should be erased, as per the Juvenile Justice (Care and Protection of Children) Act, 2015. However, the court held that his acquittal was not a clean one, as key witnesses turned hostile, and his involvement in such a heinous crime constituted special circumstances where the principle of a fresh start could not apply.
The court also considered the integrity required in the police force, reiterating Supreme Court principles that police personnel must have impeccable character and integrity, and any criminal antecedent, especially involving moral turpitude, is a valid disqualification. The court noted that even though Raju was a juvenile at the time of the crime, the nature of the offense precluded him from benefitting from the protective provisions of the juvenile justice system in terms of police recruitment.
The ruling drew on several precedents, including the Supreme Court's decision in Commissioner of Police v. Mehar Singh, which underscores the high standards expected of police personnel due to their role in maintaining public order and safety. The Telangana Police (Stipendiary Cadet Trainee) Rules, 1999, further supported the decision, as they disqualify individuals involved in crimes of moral turpitude from police service.
In conclusion, the court dismissed Raju's petition, upholding the decision of the recruitment board to cancel his provisional selection, thus reinforcing the stringent criteria for integrity and conduct in police recruitment.
Bottom Line :
Appointment to police services - Involvement in a criminal case of moral turpitude disqualifies a candidate for police recruitment, even if acquitted as a juvenile, due to the nature of the offense and societal expectations of police integrity.
Statutory provision(s):
- Telangana Police (Stipendiary Cadet Trainee) Rules, 1999
- Juvenile Justice (Care and Protection of Children) Act, 2015
Kukkala Raju v. State of Telangana, (Telangana) : Law Finder Doc id # 2981307
