Islamabad High Court directs the Islamabad police chief to establish a procedure ensuring that FIRs ending in acquittal are not mentioned in citizens’ police character certificates.
The Islamabad High Court (IHC) has ruled that police cannot mention an FIR in a citizen’s character certificate after the person has been acquitted in the case, declaring the practice unlawful and directing the Islamabad inspector general of police to establish a proper procedure.
Justice Ayaz Shaukat issued the public-interest ruling while accepting a petition filed by a citizen seeking the removal of a reference to a Shalimar police station FIR from his character certificate.
The court observed that there was no legal justification for including an FIR that had ended in a final acquittal in a police character certificate, particularly when the document was intended for citizens travelling abroad.
The IHC directed the Islamabad police to ensure that acquitted individuals are not forced to approach courts to obtain character certificates reflecting their legal status.
“Citizens do not need to come to court for a right that the law has already granted them,” the court observed.
Police Can Retain Internal Records
The court clarified that police may retain details of criminal cases in their internal records. However, such information cannot be included in the character certificate issued to a citizen who has been acquitted.
The judgment emphasized that a person acquitted by a court cannot be presented as a criminal through an official police document.
The IHC also declared the first character certificate issued by the police to the petitioner unlawful.
According to the court, the certificate stated that the petitioner had been discharged during the investigation and that the court had agreed with the police decision.
The court observed that describing the petitioner as discharged, rather than accurately reflecting the final acquittal, diminished his legal status.
The ruling further stated that there was no legal basis for mentioning an FIR in a character certificate after the person’s final acquittal.
Constitutional Rights of Acquitted Citizens
The Islamabad High Court observed that mentioning an FIR in a character certificate after acquittal violates the constitutional protections guaranteed under Articles 4, 9, 15 and 14 of the Constitution.
The court stressed that citizens who have been acquitted should not face unnecessary legal hurdles or be compelled to seek judicial intervention to obtain documents that accurately reflect their legal position.
The ruling directs the Islamabad inspector general of police to formulate a mechanism for issuing character certificates in accordance with the court’s decision.
The decision is expected to provide relief to acquitted citizens who require police character certificates for employment, immigration or other official purposes.
About The Author
