IHC bars police from citing acquitted cases in character certificates

The Islamabad High Court has ruled that police may not mention a criminal case in the character certificate of a person who has been acquitted by a court. Justice Ayaz Shaukat issued the ruling in a public-interest case, according to Daily Pakistan.

The court declared it unlawful to include an FIR in a character certificate after a final acquittal. It directed the Inspector General of Islamabad Police to develop a mechanism to prevent such practices.

The case was brought by a citizen whose police character certificate referred to an FIR registered at Islamabad's Shalimar Police Station, even though the criminal proceedings had ended in his favour. The court accepted his petition and ordered the FIR reference removed from his certificate. It also declared the earlier certificate issued by police unlawful.

Police had described the petitioner in the certificate as discharged during the investigation, and stated that the court agreed with that discharge. The High Court found this description inaccurate.

The court said police may keep information about previous FIRs in their internal records. However, such information cannot appear in the character certificates of people who have been finally acquitted, including those who need the certificate for overseas travel documentation.

According to the court, mentioning an FIR after acquittal violates Articles 4, 9, 14 and 15 of the Constitution. Express News reported that Justice Ayaz Shaukat also observed that citizens should not have to come to court for a right the law has already given them.

Daily Pakistan said the decision offers relief to citizens who continue to face difficulties in finding employment, travelling abroad or obtaining police clearance certificates despite having been cleared of criminal charges.