Excelsior Correspondent
JAMMU, Dec 1: In a landmark judgment, Chief Justice of Jammu and Kashmir High Court, Justice N Paul Vasanthakumar has held that a person having been involved in anti national activities and detained under the Jammu and Kashmir Public Safety Act is not fit to continue in the armed force.
The judgment has been passed in a petition filed by Muneer Hussain, who could not report for duty in the Border Security Force as he was detained under the Jammu and Kashmir Public Safety Act. The detention order was not challenged and after detention period, he was released.
After hearing both the sides, Chief Justice observed, “the person involved in anti national activities, who is detained under the Public Safety Act, is not entitled to continue in the service of Border Security Force as the BSF is a disciplined force and integrity towards the nation is more important”.
“Apex Court has held that even for appointment of police person, the character of the person is the most important aspect to be verified by the appointing authority. The police force is a disciplined force. It shoulders the great responsibility of maintaining law and order and public order in the society. People repose great faith and confidence in it. It must be worthy of that confidence”, Chief Justice said, adding “a candidate wishing to join the police force must be a person of utmost rectitude. He must have impeccable character and integrity. A person having criminal antecedents will not fit in this category”.
“Even if he is acquitted or discharged in the criminal case, that acquittal or discharge order will have to be examined to see whether he has been completely exonerated in the case”, the Chief Justice said, adding “the Standing Order, therefore, has entrusted the task of taking decisions in these matters to the Screening Committee. The decision of the Screening Committee must be taken as final unless it is mala fide”.
“In recent times, the image of the police force is tarnished. Instances of police personnel behaving in a wayward manner by misusing power are in public domain and are a matter of concern. The reputation of the police force has taken a beating. In such a situation, we would not like to dilute the importance and efficacy of a mechanism like the Screening Committee created by the Delhi Police to ensure that persons who are likely to erode its credibility do not enter the police force”, Chief Justice said, adding “at the same time, the Screening Committee must be alive to the importance of the trust reposed in it and must treat all candidates with an even hand”.
With these observations, High Court dismissed the petition.
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