The Bombay High Court recently denied relief to a man who failed to secure the post of Judicial Magistrate First Class (JMFC) because he had been charged and later acquitted of kidnapping a minor, and said the post required an “unblemished character”.
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A Division Bench of Justices Vasanti Naik and Sarang Kotwal was hearing a plea filed by Mohammed Imran, who had challenged his rejection for the post of Civil Judge Junior Division (CJJD) and JMFC. Mr. Imran had been interviewed, and the Maharashtra Public Service Commission (MPSC) had recommended him for appointment. However, on June 4, 2010, he was informed that his police verification report was unfavourable.
Senior counsel Ram Apte appearing for Mr. Imran said he had not concealed the fact that he had been had been tried and acquitted in the case, and the MPSC had recommended his appointment despite this.
The counsel representing the State government opposed this contention, and said that Mr. Imran had been tried for serious offences.
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The HC ruled, “For the appointment to the said post, the applicant should have unblemished character and conduct and his antecedents need to be looked into before making the appointment.”
The court took into account that Mr. Imran had been accused of facilitating the kidnapping of a minor girl who was allegedly raped, and that the judgement by the additional sessions judge, Sangli, said the accused were acquitted because the girl turned hostile.