LAHORE: The Lahore High Court (LHC) has recently observed that issuing a police character (PS) certificate reflecting a criminal history of an accused despite his acquittal by a court of law in an FIR violates the individual’s constitutionally protected right.
The court said such a practice not only violates the individual’s protected right to human dignity but also imposes a lasting and unjust stigma upon a citizen who has been exonerated through due judicial process.
The court said, once an accused has been acquitted by a competent court of law, he is to be considered, treated and regarded as innocent person under the law.
Despite a conclusive acquittal of an accused any continuous reference or inclusion of the relevant FIR in official documents like police character certificate is unwarranted, the court observed.
The court passed this order in a petition of Abdur Rehman Faryad challenging issuance of a PC certificate mentioning his name in the FIR despite his acquittal by a competent court of law.
The court said the petitioner is entitled to a PC certificate that reflects his acquittal and the absence of any subsisting criminal liability.
The court said the allegations levelled against the petitioner do not involve moral turpitude, nor do they relate to any offence against the State.
The court said it would be legally unjustified to draw any adverse inference or attach any stigma to the petitioner merely based on the registration of an FIR.
The court; therefore, directed the Home Secretary Punjab to ensure the issuance of a PC certificate in favour of the petitioner, which accurately reflects his present legal status.
The said certificate shall exclude and omit any reference whatsoever to FIR registered at Police Station Nawan Kot, Lahore, in the light of the petitioner’s lawful acquittal and the absence of any existing criminal liability, the court added.
The court noted that law enforcement agencies have the administrative authority to maintain internal records of reported incidents, including FIRs, for various legitimate purposes.
The court said the retention of such data, so long as it is confined to lawful administrative use and is not disclosed or misused in a manner prejudicial to the rights of the individual and cannot be construed as a violation of fundamental rights guaranteed under the Constitution.
The court; therefore, directed the office to transmit copy of the court order to the Inspector General of Police Punjab and the Chief Secretary Punjab, to ensure its strict implementation in light of the court’s directions and observations.
Copyright Business Recorder, 2025
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