ISLAMABAD – Islamabad High Court (IHC) declared that police cannot mention criminal cases in character certificates once individuals involved have been acquitted by a court.
The decision offers relief to citizens who continue to face difficulties in securing employment, travelling abroad or obtaining police clearance certificates despite having been cleared of criminal charges.
Justice Ayaz Shaukat issued the ruling in a public-interest case, making it clear that an individual cannot be treated as a criminal after being legally acquitted. The court declared inclusion of FIR in character certificate following final acquittal unlawful and directed the Inspector General of Islamabad Police to develop a mechanism to prevent such practices.
The judge questioned why citizens should be forced to approach courts to obtain rights already guaranteed under the law. The court stresed that police authorities must ensure that people who have been acquitted are not compelled to initiate fresh legal proceedings merely to have their character certificates corrected.
The judgment came after a citizen challenged a police character certificate that continued to carry a reference to an FIR registered at Islamabad’s Shalimar Police Station. Although the criminal proceedings had ended in his favour, the certificate still contained information about the case.
Islamabad High Court accepted the petition and ordered the removal of the FIR reference from the petitioner’s character certificate. The court declared the earlier certificate issued by the police unlawful, ruling that there was no legal justification for mentioning a criminal case that had concluded with a final acquittal.
It further observed that police cannot continue portraying an acquitted individual as someone facing criminal allegations or carrying a criminal record simply because an FIR had once been registered.
The judgment also drew a clear distinction between police records maintained for official purposes and character certificates issued to the public. According to the court, police authorities may retain information regarding previous FIRs and investigations in their internal databases. However, such information cannot be included in character certificates issued to individuals who have been finally acquitted, including those seeking documentation for overseas travel.
The ruling is particularly significant for Pakistanis applying for jobs, visas, immigration clearance or other opportunities requiring police verification.
Islamabad High Court held that mentioning an FIR in a character certificate after acquittal violates fundamental constitutional protections. The court referred to Articles 4, 9, 14 and 15 of the Constitution of Pakistan, which safeguard citizens’ right to lawful treatment, security of person, dignity and freedom of movement.
The judge stressed that a person’s legal status must be respected once criminal proceedings have ended in acquittal. The court further identified serious discrepancy in the petitioner’s earlier character certificate.
Police described the petitioner as having been discharged during the investigation, with the court subsequently agreeing to that discharge. High Court found this description inaccurate, observing that presenting the petitioner as merely discharged had diminished his actual legal standing following acquittal.
Islamabad High Court directed the Inspector General of Islamabad Police to formulate a proper procedure to ensure that FIRs ending in final acquittal are not disclosed in police character certificates. The court made it clear that citizens should not have to repeatedly seek judicial relief to correct certificates containing legally unjustified information.
The decision establishes important distinction between maintaining a police record and publicly presenting an acquitted individual as having a criminal background. For citizens who have faced difficulties because of previous FIRs despite being cleared by courts, the ruling marks a significant legal development.
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