<?xml version="1.0" encoding="UTF-8"?><rss version="2.0"
	xmlns:content="http://purl.org/rss/1.0/modules/content/"
	xmlns:wfw="http://wellformedweb.org/CommentAPI/"
	xmlns:dc="http://purl.org/dc/elements/1.1/"
	xmlns:atom="http://www.w3.org/2005/Atom"
	xmlns:sy="http://purl.org/rss/1.0/modules/syndication/"
	xmlns:slash="http://purl.org/rss/1.0/modules/slash/"
	>

<channel>
	<title>Presumption of Innocence Archives - Bhatt &amp; Joshi Associates</title>
	<atom:link href="https://bhattandjoshiassociates.com/tag/presumption-of-innocence/feed/" rel="self" type="application/rss+xml" />
	<link>https://bhattandjoshiassociates.com/tag/presumption-of-innocence/</link>
	<description>Best High Court Advocates &#38; Lawyers</description>
	<lastBuildDate>Fri, 15 May 2026 09:57:03 +0000</lastBuildDate>
	<language>en-US</language>
	<sy:updatePeriod>
	hourly	</sy:updatePeriod>
	<sy:updateFrequency>
	1	</sy:updateFrequency>
	<generator>https://wordpress.org/?v=7.0</generator>

<image>
	<url>https://bhattandjoshiassociates.com/wp-content/uploads/2025/08/cropped-bhatt-and-joshi-associates-logo-32x32.png</url>
	<title>Presumption of Innocence Archives - Bhatt &amp; Joshi Associates</title>
	<link>https://bhattandjoshiassociates.com/tag/presumption-of-innocence/</link>
	<width>32</width>
	<height>32</height>
</image> 
	<item>
		<title>Parading Accused in Public: The Rajasthan High Court&#8217;s Ruling on Presumption of Innocence and Police Power</title>
		<link>https://bhattandjoshiassociates.com/parading-accused-in-public-the-rajasthan-high-courts-ruling-on-presumption-of-innocence-and-police-power/</link>
		
		<dc:creator><![CDATA[Aaditya Bhatt]]></dc:creator>
		<pubDate>Mon, 23 Feb 2026 10:24:43 +0000</pubDate>
				<category><![CDATA[Criminal Law]]></category>
		<category><![CDATA[Criminal Justice India]]></category>
		<category><![CDATA[fundamental rights]]></category>
		<category><![CDATA[Human Dignity]]></category>
		<category><![CDATA[Police Accountability]]></category>
		<category><![CDATA[Presumption of Innocence]]></category>
		<category><![CDATA[Rajasthan High Court]]></category>
		<category><![CDATA[Rule of Law India]]></category>
		<guid isPermaLink="false">https://bhattandjoshiassociates.com/?p=31858</guid>

					<description><![CDATA[<p>Introduction The practice of parading accused persons before the media and public has emerged as a deeply troubling phenomenon within India&#8217;s criminal justice system. This practice represents a stark departure from constitutional principles and established jurisprudence that safeguard the dignity and presumption of innocence of every individual. The recent ruling by the Rajasthan High Court [&#8230;]</p>
<p>The post <a href="https://bhattandjoshiassociates.com/parading-accused-in-public-the-rajasthan-high-courts-ruling-on-presumption-of-innocence-and-police-power/">Parading Accused in Public: The Rajasthan High Court&#8217;s Ruling on Presumption of Innocence and Police Power</a> appeared first on <a href="https://bhattandjoshiassociates.com">Bhatt &amp; Joshi Associates</a>.</p>
]]></description>
										<content:encoded><![CDATA[<h2><b>Introduction</b></h2>
<p><span style="font-weight: 400;">The practice of parading accused persons before the media and public has emerged as a deeply troubling phenomenon within India&#8217;s criminal justice system. This practice represents a stark departure from constitutional principles and established jurisprudence that safeguard the dignity and presumption of innocence of every individual. The recent ruling by the Rajasthan High Court in Islam Khan &amp; Ors. v. State of Rajasthan &amp; Ors. [1], decided on January 20, 2026, has brought renewed attention to this issue. The court&#8217;s order addresses the systematic violation of fundamental rights through the public exhibition of accused persons, often before any determination of guilt by a competent court.</span></p>
<p><span style="font-weight: 400;">This practice manifests in various forms across Indian states, particularly in Rajasthan, where accused individuals are frequently made to sit on police station floors during press briefings, paraded through public streets, subjected to public humiliation including being garlanded with shoes, having their heads forcibly shaved, or being compelled to wear women&#8217;s clothing as a form of gendered degradation. These acts occur while the legal presumption of innocence remains intact, transforming arrest itself into a form of punishment that operates entirely outside the framework of law.</span></p>
<h2><b>The Constitutional Framework: Presumption of Innocence and Dignity</b></h2>
<p><span style="font-weight: 400;">The Indian Constitution provides robust protections for personal liberty and human dignity through multiple provisions. Article 21 of the Constitution stands as the cornerstone of these protections, stating clearly that &#8220;No person shall be deprived of his life or personal liberty except according to procedure established by law.&#8221; [2] This fundamental right has been interpreted expansively by Indian courts to encompass not merely physical existence but the right to live with human dignity. The Supreme Court has consistently held that dignity forms an essential and inseparable component of the right to life, and any state action that degrades or humiliates an individual violates this constitutional guarantee.</span></p>
<p><span style="font-weight: 400;">The distinction between an accused person and a convicted person represents a foundational principle of criminal jurisprudence. An accused remains legally innocent until proven guilty through due process before a competent court. This presumption of innocence operates as a shield against premature condemnation and ensures that the burden of proving guilt rests entirely upon the prosecution. The practice of parading accused persons fundamentally undermines this principle by treating individuals as if their guilt has already been established, thereby usurping the judicial function and converting police custody into a theater of public condemnation.</span></p>
<p><span style="font-weight: 400;">Article 14 of the Constitution guarantees equality before law and equal protection of laws, providing that &#8220;The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.&#8221; [3] When police authorities subject accused persons to degrading treatment through public exhibition, they act arbitrarily and without legal sanction, violating the principle of equality. Such arbitrary exercise of power directly contravenes Article 14, which prohibits the state from acting in a capricious or unreasonable manner toward any individual, regardless of whether they stand accused of an offense.</span></p>
<p><span style="font-weight: 400;">Furthermore, Article 20(2) of the Constitution embodies the principle against double jeopardy, stating that &#8220;No person shall be prosecuted and punished for the same offence more than once.&#8221; [4] While this provision traditionally addresses formal legal proceedings, the public humiliation inflicted upon accused persons by police constitutes an extra-legal punishment. When an individual is later convicted by a court and sentenced, they have effectively been punished twice – first through the irreversible public shaming orchestrated by police, and second through the judicial sentence.</span></p>
<h2><b>The Landmark Judgment: Prem Shankar Shukla v. Delhi Administration</b></h2>
<p><span style="font-weight: 400;">The foundational case addressing the treatment of accused persons and the limits of police power remains Prem Shankar Shukla v. Delhi Administration [5], decided by the Supreme Court on April 29, 1980. In this landmark judgment, the Court addressed the practice of handcuffing undertrial prisoners during their transit between jail and court. The petitioner, an undertrial prisoner at Tihar Jail, challenged the routine practice of being transported in handcuffs, arguing that such treatment violated his fundamental rights under Articles 14, 19, and 21 of the Constitution.</span></p>
<p><span style="font-weight: 400;">Justice V.R. Krishna Iyer, writing for the Court, delivered a judgment that has profoundly shaped the law on prisoners&#8217; rights and the treatment of accused persons. The Court held that handcuffing is prima facie inhuman and therefore unreasonable, declaring it over-harsh and arbitrary unless justified by clear and compelling circumstances. The judgment emphasized that &#8220;to manacle a man is more than to mortify him; it is to dehumanize him and therefore to violate his very personhood.&#8221;</span></p>
<p><span style="font-weight: 400;">The Court established that the only circumstance validating the use of restraints is when there exists no other reasonable way of preventing escape in the given circumstances. Routine handcuffing, based merely on administrative convenience or the seriousness of the charges, was declared unconstitutional. The judgment further condemned the classification of prisoners into &#8220;better class&#8221; and &#8220;ordinary&#8221; categories for purposes of determining whether to apply handcuffs, declaring such classification arbitrary, irrational, and violative of Article 14. The principles laid down in Prem Shankar Shukla apply with equal force to the practice of parading accused persons before the public and media.</span></p>
<h2><b>Judicial Protection of Prisoners&#8217; Rights: Sunil Batra v. Delhi Administration</b></h2>
<p><span style="font-weight: 400;">The Supreme Court&#8217;s commitment to protecting the dignity of persons in custody received further elaboration in Sunil Batra v. Delhi Administration [6], decided on December 20, 1979. This case arose from a letter written by a prisoner to a Supreme Court judge, alleging that prison authorities had tortured another inmate by inserting a rod into his anus to extort money. The Supreme Court treated this letter as a writ petition and initiated proceedings to investigate the allegations.</span></p>
<p><span style="font-weight: 400;">The judgment categorically rejected the &#8220;hands-off&#8221; doctrine that had previously insulated prison administration from judicial scrutiny. Justice Krishna Iyer, again writing for the Court, held that fundamental rights do not abandon a person at the prison gates. While these rights may undergo reasonable restrictions necessitated by incarceration, they do not disappear entirely. The Court emphasized that persons in custody remain persons under the Constitution, entitled to the protection of fundamental rights including the right to dignity under Article 21.</span></p>
<p><span style="font-weight: 400;">The Sunil Batra judgment established detailed guidelines for prison administration, emphasizing that prisoners must be treated with humanity and respect for their inherent dignity. The Court drew upon international instruments including Article 10 of the International Covenant on Civil and Political Rights, which provides that &#8220;All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person.&#8221; These principles extend beyond the walls of prisons to encompass all persons in police custody.</span></p>
<h2><b>The Rajasthan High Court&#8217;s Intervention in Islam Khan</b></h2>
<p><span style="font-weight: 400;">The recent order of the Rajasthan High Court in Islam Khan &amp; Ors. v. State of Rajasthan &amp; Ors. represents a crucial judicial intervention against the practice of public exhibition of accused persons. The case came before the Court in the context of disturbing reports and instances where accused persons were compelled to sit on police station floors during press briefings, sometimes in partially disrobed conditions, with their photographs and videos widely circulated across social media and news platforms.</span></p>
<p><span style="font-weight: 400;">The Court characterized this practice as &#8220;institutional humiliation&#8221; and held that it strikes at the very root of constitutional morality and the rule of law. The judgment emphasized that an accused person is not a convict, and that constitutional protections do not evaporate upon arrest. Public exhibition prior to adjudication, the Court observed, undermines the presumption of innocence that forms the bedrock of criminal justice. The Court reminded law enforcement authorities that their investigative powers do not extend to public exhibition and humiliation of accused persons.</span></p>
<h2><b>The Systemic Nature of the Problem in Rajasthan</b></h2>
<p><span style="font-weight: 400;">Documentation by civil society organizations reveals that the practice of parading accused persons in public has become systematic and normalized in Rajasthan over the past years [7]. This is not the sporadic misconduct of individual officers but rather a defiant, organized practice that continues despite clear legal prohibitions. The evidence compiled shows accused persons being marched through streets with visible injuries, forced to apologize on camera, made to crawl on roads, and subjected to various forms of gendered and caste-based humiliation.</span></p>
<p><span style="font-weight: 400;">This practice persists in open defiance of advisories from the Ministry of Home Affairs and circulars issued by the Rajasthan Director General of Police forbidding these very acts [9]. The performative nature of these public exhibitions reveals their true purpose. They are not investigative techniques but rather spectacles designed to inflict humiliation, satisfy public anger, and enact summary punishment without trial.</span></p>
<h2><b>Legal Violations and International Standards</b></h2>
<p><span style="font-weight: 400;">The practice of parading accused persons in public violates multiple layers of legal protection. Beyond constitutional provisions, it contravenes principles established in the Code of Criminal Procedure, which governs the conduct of criminal investigations and trials. India is also bound by international human rights standards to which it is a signatory. Article 5 of the Universal Declaration of Human Rights provides that &#8220;No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.&#8221;</span></p>
<h2><b>The Impact on the Presumption of Innocence</b></h2>
<p><span style="font-weight: 400;">The presumption of innocence operates as more than a courtroom technicality; it represents a foundational principle of criminal justice that protects individuals from the awesome power of the state. When police parade accused persons before media and public, they effectively declare these individuals guilty without trial. The visual images of accused persons in custody create a powerful impression of culpability in the public mind that no subsequent acquittal can fully erase.</span></p>
<h2><b>Conclusion</b></h2>
<p><span style="font-weight: 400;">The practice of parading accused persons before the public and media represents a fundamental betrayal of constitutional values and the rule of law. The Rajasthan High Court&#8217;s order in Islam Khan serves as a timely reminder that constitutional discipline must guide executive action. A society committed to the rule of law must ensure that criminal justice administration remains a function of adjudication conducted in courtrooms according to established procedures, not a spectacle performed for public consumption.</span></p>
<h2><b>References</b></h2>
<p><span style="font-weight: 400;">[1] LiveLaw. (2026, January 23). Public Exhibition Of Accused And Presumption Of Innocence.</span><a href="https://www.livelaw.in/articles/accused-public-exhibition-innocence-presumption-523133"> <span style="font-weight: 400;">https://www.livelaw.in/articles/accused-public-exhibition-innocence-presumption-523133</span></a></p>
<p><span style="font-weight: 400;">[2] Indian Kanoon. (n.d.). Article 21 in Constitution of India.</span><a href="https://indiankanoon.org/doc/1199182/"> <span style="font-weight: 400;">https://indiankanoon.org/doc/1199182/</span></a></p>
<p><span style="font-weight: 400;">[3] Indian Kanoon. (n.d.). Article 14 in Constitution of India.</span><a href="https://indiankanoon.org/doc/367586/"> <span style="font-weight: 400;">https://indiankanoon.org/doc/367586/</span></a></p>
<p><span style="font-weight: 400;">[4] Indian Kanoon. (n.d.). Article 20 in Constitution of India.</span><a href="https://indiankanoon.org/doc/655638/"> <span style="font-weight: 400;">https://indiankanoon.org/doc/655638/</span></a></p>
<p><span style="font-weight: 400;">[5] Indian Kanoon. (n.d.). Prem Shankar Shukla vs Delhi Administration on 29 April, 1980.</span><a href="https://indiankanoon.org/doc/853252/"> <span style="font-weight: 400;">https://indiankanoon.org/doc/853252/</span></a></p>
<p><span style="font-weight: 400;">[6] Indian Kanoon. (n.d.). Sunil Batra vs Delhi Administration on 20 December, 1979.</span><a href="https://indiankanoon.org/doc/778810/"> <span style="font-weight: 400;">https://indiankanoon.org/doc/778810/</span></a></p>
<p><span style="font-weight: 400;">[7] CJP. (2026, January). Rajasthan&#8217;s Public Shaming: Police humiliation practices defy law and human dignity.</span><a href="https://cjp.org.in/rajasthans-public-shaming-police-humiliation-practices-defy-law-and-human-dignity"> <span style="font-weight: 400;">https://cjp.org.in/rajasthans-public-shaming-police-humiliation-practices-defy-law-and-human-dignity</span></a></p>
<p><span style="font-weight: 400;">[8] The Constitution of India. (n.d.). Article 21: Protection of life and personal liberty.</span><a href="https://www.constitutionofindia.net/articles/article-21-protection-of-life-and-personal-liberty/"> <span style="font-weight: 400;">https://www.constitutionofindia.net/articles/article-21-protection-of-life-and-personal-liberty/</span></a></p>
<p><span style="font-weight: 400;">[9] Sabrang India. (2026, January). Parade of Public Shaming: How Rajasthan police&#8217;s illegal &#8220;arrest rituals&#8221; replace due process with public defilement.</span><a href="https://sabrangindia.in/parade-of-public-shaming-how-rajasthan-polices-illegal-arrest-rituals-replace-due-process-with-public-defilement/"> <span style="font-weight: 400;">https://sabrangindia.in/parade-of-public-shaming-how-rajasthan-polices-illegal-arrest-rituals-replace-due-process-with-public-defilement/</span></a></p>
<p>&nbsp;</p>
<p>The post <a href="https://bhattandjoshiassociates.com/parading-accused-in-public-the-rajasthan-high-courts-ruling-on-presumption-of-innocence-and-police-power/">Parading Accused in Public: The Rajasthan High Court&#8217;s Ruling on Presumption of Innocence and Police Power</a> appeared first on <a href="https://bhattandjoshiassociates.com">Bhatt &amp; Joshi Associates</a>.</p>
]]></content:encoded>
					
		
		
			</item>
		<item>
		<title>Can Quashed FIR Be Ground for Govt Job Denial? SC Ruling Explained</title>
		<link>https://bhattandjoshiassociates.com/quashed-fir-and-public-employment-why-it-cannot-be-a-ground-for-denial-of-employment-and-the-role-of-supernumerary-posts/</link>
		
		<dc:creator><![CDATA[Team]]></dc:creator>
		<pubDate>Wed, 09 Apr 2025 09:47:47 +0000</pubDate>
				<category><![CDATA[Constitutional Law]]></category>
		<category><![CDATA[Employment Rights]]></category>
		<category><![CDATA[Judicial Interpretation]]></category>
		<category><![CDATA[Service Jobs Lawyer/Government Jobs Lawyer]]></category>
		<category><![CDATA[back wages]]></category>
		<category><![CDATA[Constitutional Rights]]></category>
		<category><![CDATA[government appointment]]></category>
		<category><![CDATA[judicial remedies]]></category>
		<category><![CDATA[Presumption of Innocence]]></category>
		<category><![CDATA[public employment]]></category>
		<category><![CDATA[quashed FIR]]></category>
		<category><![CDATA[Section 482 CrPC]]></category>
		<category><![CDATA[supernumerary posts]]></category>
		<category><![CDATA[wrongful denial]]></category>
		<guid isPermaLink="false">https://bhattandjoshiassociates.com/?p=25131</guid>

					<description><![CDATA[<p>An Analysis of Judicial Precedents Upholding the Right to Public Employment and Remedial Measures When Candidates Face Discrimination Due to Criminal Allegations By Adv. Aaditya Bhatt Introduction  The Indian judiciary has consistently upheld the principle that once an FIR is quashed, it cannot be a basis for denying public employment. Furthermore, courts have established that [&#8230;]</p>
<p>The post <a href="https://bhattandjoshiassociates.com/quashed-fir-and-public-employment-why-it-cannot-be-a-ground-for-denial-of-employment-and-the-role-of-supernumerary-posts/">Can Quashed FIR Be Ground for Govt Job Denial? SC Ruling Explained</a> appeared first on <a href="https://bhattandjoshiassociates.com">Bhatt &amp; Joshi Associates</a>.</p>
]]></description>
										<content:encoded><![CDATA[<h1><b>An Analysis of Judicial Precedents Upholding the Right to Public Employment and Remedial Measures When Candidates Face Discrimination Due to Criminal Allegations</b></h1>
<h4><strong><i>By Adv. </i><a href="mailto:aaditya@bhattandjoshiassociates.com"><i>Aaditya Bhatt</i></a> </strong></h4>
<p><img fetchpriority="high" decoding="async" class="alignright wp-image-25133" src="https://bj-m.s3.ap-south-1.amazonaws.com/p/2025/04/quashed-fir-and-public-employment-why-it-cannot-be-a-ground-for-denial-and-the-role-of-supernumerary-posts2.png" alt="Quashed FIR and Public Employment: Why It Cannot Be a Ground for Denial and the Role of Supernumerary Posts" width="1446" height="757" /></p>
<h2><strong>Introduction </strong></h2>
<p><span style="font-weight: 400;">The Indian judiciary has consistently upheld the principle that once an FIR is quashed, it cannot be a basis for denying public employment. Furthermore, courts have established that when candidates are wrongfully denied appointments citing pendency of FIRs, they may be accommodated through the creation of supernumerary posts even if all regular positions have been filled. This article explores the extensive jurisprudence surrounding this issue, analyzing landmark judgments that establish the legal framework governing quashed FIRs, public employment eligibility, and remedial measures.</span></p>
<h2><b>Legal Framework: Understanding FIRs and Their Impact on Public Employment</b></h2>
<h3><b>Nature and Legal Significance of FIRs</b></h3>
<p><span style="font-weight: 400;">An FIR (First Information Report) merely represents information about an alleged offense reported to the police, which triggers an investigation. The Punjab and Haryana High Court in 2022 emphasized that &#8220;FIR is merely a report regarding an alleged incident which may or may not involve commission of some offence. Therefore, mere factum of the receipt of first information by the police cannot be raised to the level of a fact rendering a candidate ineligible for the public appointment.&#8221;</span></p>
<p><span style="font-weight: 400;">The court further emphasized that &#8220;A person is to be presumed to be innocent till proved otherwise upon a trial conducted as per the law,&#8221; and that this presumption &#8220;cannot be eclipsed in any other collateral process or for any other purpose.&#8221;</span></p>
<h3><b>Constitutional Safeguards in Public Employment</b></h3>
<p><span style="font-weight: 400;">Articles 14 and 16 of the Constitution guarantee equality before law and equal opportunity in matters of public employment. The Punjab and Haryana High Court explicitly stated that denying benefits to citizens based on pending FIRs makes &#8220;an irrelevant fact a ground to deny to the citizen right to equality guaranteed by Article 14 and Article 16 of the Constitution of India. This approach is sworn enemy of the rule of law, and thus has to be discarded.&#8221;</span></p>
<h2><b>Judicial Position on Quashed FIRs and Pending Criminal Cases</b></h2>
<h3><b>Tripura High Court&#8217;s Landmark Ruling (2018)</b></h3>
<p><span style="font-weight: 400;">In a significant 2018 judgment, the Tripura High Court established a clear precedent on quashed FIRs. The court held that &#8220;the FIR once registered has been quashed by the Court under Section 482 of Cr.PC, no inference can be drawn to impute any adverse antecedents which in any manner may deprive an individual from seeking public employment.&#8221;</span></p>
<p><span style="font-weight: 400;">The case involved a petitioner whose selection for a Group D post was cancelled due to an FIR registered against him under the Immoral Traffic (Prevention) Act. After the FIR was quashed by the court, finding it to be fabricated, the court directed that &#8220;no adverse inference should be drawn to implicate the petitioner,&#8221; and that his candidature should be considered for appointment.</span></p>
<h3><b>J&amp;K High Court on Pending Criminal Cases (2025)</b></h3>
<p><span style="font-weight: 400;">In a February 2025 ruling, the Jammu and Kashmir and Ladakh High Court held that &#8220;the mere pendency of a criminal case does not disqualify an individual from being appointed to a government post or carrying out their duties.&#8221;</span></p>
<p><span style="font-weight: 400;">The Division Bench comprising Chief Justice Tashi Rabstan and Justice M.A. Chowdhary ruled that &#8220;a person facing trial cannot be denied employment solely based on an unproven charge,&#8221; upholding the presumption of innocence until proven guilty. The court referenced the J&amp;K Civil Services (Verification of Character and Antecedents) Instructions, 1997, noting that since the respondent had disclosed the pending case and the CID verification report had no adverse findings, there was no legal ground to cancel the appointment.</span></p>
<h3><b>Punjab and Haryana High Court&#8217;s Firm Stance (2022)</b></h3>
<p><span style="font-weight: 400;">Directing Canara Bank to issue an appointment letter to a woman whose offer was cancelled due to a pending FIR, the Punjab and Haryana High Court criticized the practice of denying employment based on pending FIRs as &#8220;a systemic bias based upon a negativism arising from the frustration due to the facts that the criminal cases remain pending for years together and the courts are not in a position to take the trial to a logical end within reasonable time.&#8221;</span></p>
<p><span style="font-weight: 400;">The court further noted that &#8220;a convenient method has been devised to deny benefits to citizens by using pendency of FIR against them.&#8221;</span></p>
<h2><b>Grounds for Quashing FIRs: The Bhajan Lal Guidelines</b></h2>
<h3><b>Supreme Court&#8217;s Established Grounds</b></h3>
<p><span style="font-weight: 400;">The Supreme Court of India, in the landmark case of State of Haryana vs. Chaudhary Bhajan Lal, established specific principles under which an FIR can be quashed. According to these guidelines, an FIR can be quashed on the following grounds:</span></p>
<ol>
<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">When allegations in the FIR, even if taken at face value, do not constitute any offense</span></li>
<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">Where allegations do not disclose a cognizable offense</span></li>
<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">When there is absence of evidence to support allegations</span></li>
<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">When allegations are absurd or inherently improbable</span></li>
<li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">When there is a legal bar against proceedings</span></li>
</ol>
<p><span style="font-weight: 400;">These guidelines are frequently cited in cases involving quashing of FIRs and their subsequent impact on employment opportunities.</span></p>
<h2><b>Supernumerary Posts as a Remedial Measure</b></h2>
<h3><b>Concept and Judicial Recognition</b></h3>
<p><span style="font-weight: 400;">A supernumerary post is a position created beyond the sanctioned strength to accommodate a person who has been wrongfully denied appointment. The Supreme Court has recognized and applied this concept as an effective remedy in numerous cases.</span></p>
<p><span style="font-weight: 400;">In Sushma Gosain and Others v. Union of India and Others, the Supreme Court explicitly stated: &#8220;It is improper to keep such case pending for years. If there is no suitable post for appointment supernumerary post should be created to accommodate the applicant.&#8221;</span></p>
<h3><b>Recent Supreme Court Direction (2024)</b></h3>
<p><span style="font-weight: 400;">In a recent 2024 judgment concerning eligibility criteria for Food Safety Officers, the Supreme Court directed that &#8220;If no vacancies were available, supernumerary posts were to be created to accommodate the appellants.&#8221; The Court further specified that &#8220;The appellants, if appointed, would not be entitled to back wages but would receive notional benefits.&#8221;</span></p>
<h3><b>Limitations and Conditions</b></h3>
<p><span style="font-weight: 400;">While courts have often directed the creation of supernumerary posts, they have also established certain limitations. In State of Odisha &amp; Ors. v. Kamalini Khilar, the Supreme Court observed:</span></p>
<p><span style="font-weight: 400;">&#8220;By the impugned judgment, the High Court quashed the direction of the Tribunal to reinstate the Respondent No. 1 by creating a supernumerary post.&#8221;</span></p>
<p><span style="font-weight: 400;">This indicates that the creation of supernumerary posts is not an automatic remedy but must be justified by the specific circumstances of each case.</span></p>
<h2><b>Back Wages and Service Benefits: The Extent of Remedy</b></h2>
<h3><b>Position on Back Wages</b></h3>
<p><span style="font-weight: 400;">Courts have taken varying positions on whether candidates wrongfully denied employment are entitled to back wages. In some cases, courts have held that appointment to a supernumerary post does not automatically entitle the candidate to back wages from the date of wrongful denial.</span></p>
<p><span style="font-weight: 400;">In a Supreme Court case referenced in the search results, the Court held that &#8220;The claim of Respondent No. 1 for back wages from the date of termination is at any rate clearly untenable&#8221; even while directing appointment to a vacant position.</span></p>
<h3><b>Supreme Court on Recovery After Quashing Appointments</b></h3>
<p><span style="font-weight: 400;">In an important 2013 judgment, the Supreme Court held that &#8220;courts cannot order recovery of the amount of an employee while quashing the appointment as the denial of pay for the service rendered would amount to &#8216;impermissible&#8217; &#8216;forced labour&#8217;.&#8221;</span></p>
<p><span style="font-weight: 400;">The Court further emphasized that &#8220;a judgment can be erroneous but when there is a direction for recovery of the honorarium, it indubitably creates a dent in the honour of a person. Honour once lost may be irredeemable or irresuscitable.&#8221;</span></p>
<h3><b>Seniority and Notional Benefits</b></h3>
<p><span style="font-weight: 400;">When it comes to seniority and other service benefits, courts have often provided specific directions. In one case, the Supreme Court directed: &#8220;For the purposes of seniority, the appellant shall be placed below the last candidate appointed in 1976, but she will not be entitled to any back wages.&#8221;</span></p>
<p><span style="font-weight: 400;">This demonstrates that while courts provide remedies for wrongful denial of employment, they balance these remedies with practical considerations regarding seniority, back wages, and administrative efficiency.</span></p>
<h2><b>Distinction Between Quashed FIR and Tainted Selection Processes</b></h2>
<h3><b>Upholding Merit in Selection Processes</b></h3>
<p><span style="font-weight: 400;">While courts have consistently ruled that quashed FIRs cannot bar public employment, they maintain a clear distinction between this principle and cases involving tainted selection processes. The Supreme Court&#8217;s recent judgment (April 3, 2025) upholding the Calcutta High Court&#8217;s decision to invalidate nearly 25,000 teaching and non-teaching staff appointments made by the West Bengal School Selection Commission (SSC) in 2016 highlights this distinction.</span></p>
<p><span style="font-weight: 400;">Chief Justice Sanjiv Khanna and Justice Sanjay Kumar affirmed that &#8220;this is the case where the entire selection process is vitiated and tainted beyond resolution. Manipulation and fraud on large scale, coupled with the intention to cover up have tainted the selection process beyond repair. The legitimacy and credibility of the selection process are denuded.&#8221;</span></p>
<p>This judgment reaffirms that in matters involving Quashed FIR and Public Employment, while candidates must not suffer due to quashed or pending criminal cases, the fairness and integrity of the selection process must still be upheld.</p>
<h2><b>Challenging Quashing of FIR and Settlement Agreements</b></h2>
<h3><b>Supreme Court&#8217;s Position on Settlement Agreements</b></h3>
<p><span style="font-weight: 400;">The Supreme Court, in Anil Mishra v. State of UP &amp; Ors. (2024), clarified that settlement agreements cannot be the sole basis for quashing criminal proceedings, especially when the original complainant is not a party to such agreements.</span></p>
<p><span style="font-weight: 400;">The Court emphasized that the High Court &#8220;must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceedings; or continuation of the criminal proceedings would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer.&#8221;</span></p>
<p><span style="font-weight: 400;">This judgment is relevant to our discussion as it establishes the parameters within which FIRs can be legitimately quashed, thereby affecting subsequent employment considerations.</span></p>
<h2><b>Concluding Note on Quashed FIR and Public Employment</b></h2>
<p><span style="font-weight: 400;">The jurisprudence on quashed FIRs and their impact on public employment demonstrates a consistent approach by Indian courts in upholding the constitutional rights of candidates. Once an FIR is quashed, no adverse inference can be drawn to impute negative antecedents that would deprive an individual of public employment opportunities. Similarly, the mere pendency of criminal proceedings cannot be a legitimate ground for denying appointments.</span></p>
<p><span style="font-weight: 400;">When candidates have been wrongfully denied opportunities based on quashed FIRs or pending criminal cases, courts have frequently directed the creation of supernumerary posts as an appropriate remedial measure. However, the entitlement to back wages and determinations on seniority are decided on a case-by-case basis, balancing individual rights with administrative considerations.</span></p>
<p><span style="font-weight: 400;">This body of jurisprudence reflects the judiciary&#8217;s commitment to preserving the presumption of innocence, protecting constitutional rights to equality in public employment, and ensuring that qualified candidates are not unjustly excluded from government service based on unproven allegations or quashed criminal proceedings.</span></p>
<p><span style="font-weight: 400;">Public employers and appointment authorities must align their policies with these established legal principles to prevent unnecessary litigation and ensure fair consideration of all eligible candidates, regardless of past legal proceedings that have been terminated in their favor.</span></p>
<p>The post <a href="https://bhattandjoshiassociates.com/quashed-fir-and-public-employment-why-it-cannot-be-a-ground-for-denial-of-employment-and-the-role-of-supernumerary-posts/">Can Quashed FIR Be Ground for Govt Job Denial? SC Ruling Explained</a> appeared first on <a href="https://bhattandjoshiassociates.com">Bhatt &amp; Joshi Associates</a>.</p>
]]></content:encoded>
					
		
		
			</item>
		<item>
		<title>Removal Of Arvind Kejriwal: Another PIL Filed In Delhi High Court Seeking Removal From Post Of Chief Minister</title>
		<link>https://bhattandjoshiassociates.com/removal-of-arvind-kejriwal-another-pil-filed-in-delhi-high-court-seeking-removal-from-post-of-chief-minister/</link>
		
		<dc:creator><![CDATA[Komal Ahuja]]></dc:creator>
		<pubDate>Sat, 30 Mar 2024 12:47:27 +0000</pubDate>
				<category><![CDATA[Delhi High Court]]></category>
		<category><![CDATA[News Update]]></category>
		<category><![CDATA[Politics and Current Affairs]]></category>
		<category><![CDATA[154]]></category>
		<category><![CDATA[162]]></category>
		<category><![CDATA[Accountability]]></category>
		<category><![CDATA[and 163]]></category>
		<category><![CDATA[Articles 164]]></category>
		<category><![CDATA[Arvind Kejriwal]]></category>
		<category><![CDATA[Chief Minister]]></category>
		<category><![CDATA[Constitutional Mechanisms]]></category>
		<category><![CDATA[Constitutional Provisions]]></category>
		<category><![CDATA[Constitutional Trust]]></category>
		<category><![CDATA[Enforcement Directorate (ED)]]></category>
		<category><![CDATA[Governance]]></category>
		<category><![CDATA[Judicial precedents]]></category>
		<category><![CDATA[Judicial Review]]></category>
		<category><![CDATA[Liquor Policy Case]]></category>
		<category><![CDATA[Political Implications]]></category>
		<category><![CDATA[Presumption of Innocence]]></category>
		<category><![CDATA[Public Interest Litigation (PIL)]]></category>
		<category><![CDATA[Remedial Measures]]></category>
		<category><![CDATA[Rule of Law]]></category>
		<category><![CDATA[Separation of Powers]]></category>
		<category><![CDATA[Transparency]]></category>
		<guid isPermaLink="false">https://bhattandjoshiassociates.com/?p=20549</guid>

					<description><![CDATA[<p>Introduction Public Interest Litigations (PILs) have become a potent tool in the arsenal of Indian jurisprudence, enabling citizens to raise issues of public concern and seek judicial intervention. In recent times, the Delhi High Court has been witness to a surge in PILs targeting the tenure of Chief Minister Arvind Kejriwal. The latest addition to [&#8230;]</p>
<p>The post <a href="https://bhattandjoshiassociates.com/removal-of-arvind-kejriwal-another-pil-filed-in-delhi-high-court-seeking-removal-from-post-of-chief-minister/">Removal Of Arvind Kejriwal: Another PIL Filed In Delhi High Court Seeking Removal From Post Of Chief Minister</a> appeared first on <a href="https://bhattandjoshiassociates.com">Bhatt &amp; Joshi Associates</a>.</p>
]]></description>
										<content:encoded><![CDATA[<h3><img decoding="async" class="alignright size-full wp-image-20550" src="https://bj-m.s3.ap-south-1.amazonaws.com/p/2024/03/another-pil-filed-in-delhi-high-court-seeking-removal-of-arvind-kejriwal-from-post-of-chief-minister.jpg" alt="Removal Of Arvind Kejriwal: Another PIL Filed In Delhi High Court Seeking Removal From Post Of Chief Minister" width="1200" height="628" /></h3>
<h3><b>Introduction</b></h3>
<p><span style="font-weight: 400;">Public Interest Litigations (PILs) have become a potent tool in the arsenal of Indian jurisprudence, enabling citizens to raise issues of public concern and seek judicial intervention. In recent times, the Delhi High Court has been witness to a surge in PILs targeting the tenure of Chief Minister Arvind Kejriwal. The latest addition to this legal saga is a fresh PIL seeking Removal Of Arvind Kejriwal from office, spurred by his arrest in connection with the Enforcement Directorate&#8217;s investigation into a liquor policy case. This essay delves into the intricacies of the PIL, examining its legal arguments, implications, and the broader context surrounding such legal challenges.</span></p>
<h3><b>The Emergence of PILs in Indian Jurisprudence</b></h3>
<p><span style="font-weight: 400;">To comprehend the significance of the PIL seeking the removal of Arvind Kejriwal from the post of Chief Minister, it is imperative to grasp the evolution and relevance of PILs in Indian jurisprudence. PILs represent a paradigm shift in legal proceedings, transcending traditional litigation confined to individual grievances to encompass broader issues affecting public interest. Originating from the concept of &#8220;Locus Standi,&#8221; PILs empower any citizen or group to approach the courts on behalf of those unable to do so themselves, thereby democratizing access to justice.</span></p>
<h3><b>Arvind Kejriwal: A Controversial Figure</b></h3>
<p><span style="font-weight: 400;">Arvind Kejriwal&#8217;s political journey has been marked by controversies, crusades, and electoral triumphs. Rising to prominence as an anti-corruption crusader alongside Anna Hazare, Kejriwal founded the Aam Aadmi Party (AAP) with the vision of clean governance and people-centric policies. However, his tenure as Chief Minister of Delhi has been marred by confrontations with central authorities, allegations of impropriety, and legal battles, making him a polarizing figure in Indian politics. The PIL seeking his removal underscores the tumultuous landscape of his leadership and the relentless scrutiny he faces.</span></p>
<h3><b>The Liquor Policy Case and Kejriwal&#8217;s Arrest</b></h3>
<p><span style="font-weight: 400;">The catalyst for the latest PIL targeting Kejriwal&#8217;s tenure is his arrest by the Enforcement Directorate (ED) in connection with a liquor policy case. The intricacies of the case involve allegations of irregularities and improprieties in the formulation and implementation of Delhi&#8217;s liquor policy, implicating Kejriwal and other key stakeholders. The ED&#8217;s intervention and subsequent arrest of Kejriwal amplify the gravity of the accusations, fueling public outcry and legal challenges. The PIL, spearheaded by Vishnu Gupta, seizes upon this development to question Kejriwal&#8217;s fitness to continue serving as Chief Minister, citing breach of trust and constitutional responsibilities.</span></p>
<h3><b>Legal Framework and Constitutional Provisions</b></h3>
<p><span style="font-weight: 400;">Central to the PIL&#8217;s argument is the interpretation of constitutional provisions governing the dismissal of a Chief Minister. Article 164 of the Indian Constitution delineates the appointment and tenure of Chief Ministers, while Article 164(1) specifies that they hold office during the pleasure of the Governor. The PIL contends that Kejriwal&#8217;s arrest under the PMLA constitutes a breach of the constitutional trust reposed in him, warranting his removal from office. Additionally, the petition invokes Articles 154, 162, and 163, highlighting the disruption caused by Kejriwal&#8217;s absence in essential governmental functions and cabinet meetings.</span></p>
<h3><b>Judicial Precedents and the Role of the High Court</b></h3>
<p><span style="font-weight: 400;">The PIL seeking Kejriwal&#8217;s removal from office is not the first legal challenge to his tenure as Chief Minister. Earlier petitions have been filed, seeking similar relief or questioning his eligibility to hold office. However, the judiciary, particularly the Delhi High Court, has adopted a cautious approach, emphasizing the separation of powers and the limited scope of judicial interference in matters concerning executive authority. Past judgments have underscored the need for concrete legal grounds and adherence to constitutional principles while adjudicating PILs targeting elected officials.</span></p>
<h3>Challenges and Implications of <b>Removal Of Arvind Kejriwal</b></h3>
<p><span style="font-weight: 400;">The PIL presents several challenges and implications, both legal and political, that merit examination. From a legal standpoint, the petition must navigate intricate constitutional provisions, precedent-setting judgments, and the threshold for establishing grounds for the removal of a Chief Minister. Additionally, the timing of the PIL, coinciding with Kejriwal&#8217;s arrest and ongoing legal proceedings, introduces complexities regarding judicial review and the presumption of innocence. Politically, the PIL adds to the mounting pressure on Kejriwal and the AAP government, exacerbating the existing tensions between the state and central authorities.</span></p>
<h3><b>Constitutional Trust and Governance: Implications of Removal Of Arvind Kejriwal</b></h3>
<p><span style="font-weight: 400;">At the heart of the PIL lies the concept of constitutional trust and the obligations inherent in holding public office. Elected representatives, particularly Chief Ministers, are entrusted with the responsibility of upholding constitutional values, ensuring good governance, and safeguarding the interests of the populace. Any perceived breach of this trust, whether through acts of corruption or misconduct, undermines the foundation of democratic governance and necessitates remedial action. The PIL contends that Kejriwal&#8217;s arrest and the allegations against him signify a betrayal of this trust, warranting his removal from office to restore integrity and accountability in governance.</span></p>
<h3><b>Constitutional Mechanisms and Governance</b></h3>
<p><span style="font-weight: 400;">The PIL&#8217;s invocation of Articles 154, 162, and 163 underscores the intricate interplay between constitutional mechanisms and governance structures. These articles delineate the powers and functions of the Governor, Chief Minister, and the Council of Ministers, outlining the framework for executive decision-making and policy implementation. Kejriwal&#8217;s arrest and subsequent absence from cabinet meetings disrupt this framework, raising concerns about the continuity of governance and the efficacy of administrative processes. The PIL seeks judicial intervention to compel the state government to adhere to constitutional mandates and restore normalcy in governance.</span></p>
<h3><b>Legal Debates: The Case for Removal Of Arvind Kejriwal</b></h3>
<p><span style="font-weight: 400;">The PIL presents a compelling legal argument, rooted in constitutional provisions and the principles of accountability and transparency. It contends that Kejriwal&#8217;s arrest under the PMLA constitutes a violation of constitutional trust, warranting his removal from office to uphold the sanctity of democratic institutions. Additionally, the disruption caused by his absence in cabinet meetings underscores the urgency of judicial intervention to ensure the smooth functioning of governance. However, counterarguments may focus on the presumption of innocence, the separation of powers, and the need for concrete evidence to justify Kejriwal&#8217;s removal from office.</span></p>
<h3><b>Judicial Review and Remedial Measures</b></h3>
<p><span style="font-weight: 400;">As the PIL makes its way through the judicial process, the courts face the delicate task of balancing constitutional imperatives with the presumption of innocence and the principles of natural justice. Judicial review requires a meticulous examination of legal arguments, evidence, and precedents to arrive at a just and equitable decision. While the PIL seeks Kejriwal&#8217;s removal from office, the courts may opt for alternative remedial measures, such as monitoring ongoing investigations, ensuring due process, and upholding the rule of law. The ultimate aim is to safeguard constitutional principles while preserving the integrity of democratic institutions.</span></p>
<h3><b>Conclusion</b></h3>
<p><span style="font-weight: 400;">The PIL seeking the removal of Arvind Kejriwal from the post of Chief Minister encapsulates the intersection of law, politics, and governance in contemporary India. Rooted in constitutional principles and invoking the imperative of constitutional trust, the PIL underscores the accountability of elected officials and the sanctity of democratic institutions. As the legal saga unfolds, the courts face the onerous task of adjudicating complex legal arguments, balancing competing interests, and upholding the rule of law. </span></p>
<p>The post <a href="https://bhattandjoshiassociates.com/removal-of-arvind-kejriwal-another-pil-filed-in-delhi-high-court-seeking-removal-from-post-of-chief-minister/">Removal Of Arvind Kejriwal: Another PIL Filed In Delhi High Court Seeking Removal From Post Of Chief Minister</a> appeared first on <a href="https://bhattandjoshiassociates.com">Bhatt &amp; Joshi Associates</a>.</p>
]]></content:encoded>
					
		
		
			</item>
	</channel>
</rss>
