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ISLAMABAD, Nov 18 (APP): The Supreme Court of Pakistan has ruled that being declared a proclaimed offender or absconder in a criminal case does not, by itself, deprive any citizen of the right to pursue legal remedies in civil or service matters, as the criminal and civil jurisdictions are separate and independent.
According to a written judgment approved for reporting on Tuesday, a three-member bench headed by Justice Syed Mansoor Ali Shah set aside the October 24 decision of the Punjab Service Tribunal in Civil Petitions No. 41-Q and 42-Q of 2022. The tribunal had dismissed the appeals of the petitioner teachers solely on the ground that they had been declared proclaimed offenders in a criminal case.
The Supreme Court held that the principle of “fugitive disentitlement” is strictly confined to the criminal domain and cannot be extended to civil or service-related proceedings. The judgment stated that Articles 4, 9, 10-A and 25 of the Constitution guarantee every citizen the right to a fair hearing and access to justice—rights that cannot be denied merely because a person is wanted in another case.
The Court further observed that the legal consequences of being declared a proclaimed offender apply only to the specific criminal case in which such a declaration is made. Unless expressly prohibited by law, this status cannot be used to extinguish or curtail an individual’s service-related or employment rights.
The bench noted that the teachers’ appeals concerned purely service-related questions—such as the legality of their appointments, the validity of disciplinary proceedings, and the issue of non-payment of salaries—which have no connection with the criminal proceedings.
Setting aside the tribunal’s order, the Supreme Court remanded the matter back to the Punjab Service Tribunal with directions to treat the appeals as pending and decide them on merit within three months, noting that the case has remained unresolved since 2015.