and the downtrodden are hardly given the opportunity to sharpen their
intellect thereby diminishing the ability of their consciousness to act as a
mirror to their acts and actions, it is high time that the executive brings into
place a policy where summary/ordinary conviction should not be treated as a
conviction for entry or retention in government service.
33. Till then, it would be the duty of the Court to interpret the law by
harmonizing human sufferings and human wants, delinquencies and criminal
tendencies; conscious of the fact that passengers on Spaceship Earth are the
rich and the poor, the needy and the well-off, the hungry and the well-fed,
the educated and the uneducated. The need of the hour is to understand that
criminals are not born and are not irredeemable brutes. Crime may be a
disease but not the criminal, who are a kind of psychic patients and to
understand, that anti-social maladies are mostly the result of social
imbalances. It must be remembered that on the one hand, social stresses, for
various reasons, explosively mount in the real world’s hard environs and the
harsh remedy of heartless incarceration and ouster from society deepens the
criminality. The swing of the pendulum to the humanist side requires
respect for the worth of personhood and the right of every man and woman
in its residual human essence.
34. We have discussed hereinabove the necessity to harmonize the
various social imbalances and in particular in favour of those who have been
denied the opportunity of developing their consciousness and thereby being
deprived of their conscious acting as a mirror to their acts. We have
highlighted as to how in various jurisdictions abroad the issue is dealt with.
We have discussed hereinabove the deliberations at the ‘All India Seminar
on Correctional Service’ where emphasis for re-habilitation of ex-convicts,
committing minor offences, by induction in public service was accorded
primacy in the deliberations.
A criminal record is a record of a person's criminal history, generally
used by potential employers to assess the candidate’s trustworthiness. The
information included in a criminal record varies between countries and even
between jurisdictions within a country. In most cases it lists all nonexpunged
criminal offenses and may also include traffic offenses such as
speeding and drunk-driving. In some countries the record is limited to actual
convictions (where the individual has pleaded guilty or been declared guilty
by a qualified court) while in others it also includes arrests, charges
dismissed, charges pending and even charges of which the individual has
been acquitted. The latter policy is often argued to be a human
rights violation since it works contrary to the presumption of innocence by
exposing people to discrimination on the basis of unproven allegations.
IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment Delivered on : July 15, 2016
W.P.(C) 11979/2015
MANOJ
v
UOI & ORS
CORAM:
HON’BLE MR. JUSTICE PRADEEP NANDRAJOG
HON’BLE MS. JUSTICE PRATIBHA RANI
