The Islamabad High Court (IHC) has issued a landmark ruling, declaring that police authorities are prohibited from mentioning criminal cases in character certificates issued to individuals who have been acquitted by a court of law. Justice Ayyaz Shaukat delivered this significant verdict while presiding over a petition filed by a citizen who sought the removal of an FIR registered at the Shalimar Police Station from his official police character certificate.
In the detailed judgment, the court directed the Inspector General of Police (IGP) Islamabad to establish a robust procedure ensuring that FIRs resulting in final acquittals are strictly excluded from character certificates. The court observed that there is no legal justification for including references to cases where individuals have been exonerated, as such entries unfairly stigmatize acquitted citizens and portray them as criminals.
The court clarified that while the police department retains the authority to maintain such information within their internal confidential records, this data cannot be reflected in character certificates issued to citizens. This is particularly critical for individuals applying for visas or seeking employment opportunities abroad, where such entries can cause irreparable professional and personal damage.
Furthermore, the court emphasized that citizens should not be compelled to repeatedly approach the judiciary to secure rights that are already guaranteed to them under the law. The judgment highlighted that the state machinery must act in accordance with the law without necessitating litigation for basic administrative corrections.
The IHC also declared the police character certificate previously issued to the petitioner as unlawful. The court noted that the document incorrectly described the petitioner as having been 'discharged' during the investigation, despite the fact that he had received a final acquittal from the court.
The bench stated that portraying an acquitted individual as merely discharged undermines their legal status and dignity. The court further observed that continuing to mention an FIR in a police character certificate after a final acquittal constitutes a direct violation of the constitutional protections afforded to citizens under Articles 4, 9, 14, and 15 of the Constitution of Pakistan.
These articles guarantee the right to be dealt with in accordance with the law, the security of person, the inviolability of dignity, and the freedom of movement. Legal experts have welcomed the decision, noting that it provides much-needed relief to thousands of citizens who face hurdles in their professional lives due to outdated or misleading police records.
The IHC's directive is expected to streamline the issuance of character certificates across the federal capital, ensuring that the police department adheres to the principles of justice and fairness. The IGP Islamabad has been tasked with implementing this mechanism immediately to prevent future grievances.
This ruling serves as a precedent for other provinces as well, reinforcing the principle that an acquittal by a court of law must be respected in all administrative and official documentation.