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Tense past not an albatross around neck: Supreme Court

Second chance for Man who was denied job despite acquittal

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The government cannot deny a job to a person acquitted in a criminal case on the ground of his tainted past, the Supreme Court has ruled.

The decision came in a case where a man from Maharashtra, Mohammad Imran, successfully cleared a judicial services exam but could not get through as in his application form he had disclosed a past kidnapping case where he was acquitted.

Despite maintaining a clean record, the state argued that "a person of moral turpitude" cannot be given a place in public employment, more so when it concerns judicial services. This decision of the state government of June 4, 2010 was challenged before the apex court.

A three-judge bench of the Supreme Court termed the view "myopic" and directed the Maharashtra government to give a second chance to Imran in eight weeks. The order assumes significance as the top court observed that the past conduct of a person, cleared of a crime, cannot be made an "albatross around the neck" as he surely deserves a second chance to move ahead in life.

Imran made a full disclosure in his application form about a kidnapping complaint a woman had filed against him on May 25, 2000. He was then aged 21. During the trial, the complainant denied that she had been kidnapped by Imran and this led to his acquittal by a Sessions court in Sangli on October 28, 2004.

The SC bench called for a confidential report against Imran on March 23, 2018 before forming its opinion. The report said that except for this case where he was acquitted, Imran maintained a clean track record. The bench observed, "Every individual deserves an opportunity to improve, learn from the past and move ahead in life by self-improvement. To make past conduct, irrespective of all considerations, an albatross around the neck of the candidate, may not always constitute justice. Much will depend on the fact situation of a case."

It was by his sheer hard work that Imran managed to crack the judicial services test. After viva voce, he was recommended for appointment by the Maharashtra Public Services Commission on October 14, 2009.

Ruling in his favour, the SC said that employment opportunities are a scarce commodity in the country. "An alleged single misadventure or misdemeanour of the present nature, if it can be so considered, cannot be sufficient to deny appointment to the appellant [Imran] when he has on all other aspects and parameters been found to be fit for appointment."

Interestingly, one Sudhir Gulabrao Barde who qualified for judicial services with Imran got through despite being acquitted in a previous criminal case involving acts of obscenity. This fact too weighed with the top court to reach its conclusion.

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