FIR record on character certificate, other documents unnecessary after acquittal, LHC rules

LAHORE (Muhammad Ashfaq) – The Lahore High Court in its landmark verdict has barred the Punjab Home Department from mentioning the FIR in a character certificate and other official documents of an individual in which he has been acquitted.

Lahore High Court Justice Abhar Gul Khan issued a six-page decision on a petition filed by Abdul Rehman. The court declared that the FIR record in the CRO was unnecessary after the acquittal.

Justice Abhar Gul Khan wrote in the decision that when an accused is acquitted in a case, in the eyes of the law it means acquittal.

After acquittal, it is unnecessary to mention this FIR in any official documents. Disclosing records despite acquittal is against human dignity. Disclosing records despite acquittal is unfair to those citizens who were acquitted through the judicial process, the court ruled.

The decision stated that the petitioner is entitled to a clear character certificate from the police. The Home Secretary should issue a character certificate to the petitioner based on his current status. The character certificate should not mention any FIR in which the accused has been acquitted, the verdict said.

According to the decision, a case was registered against the petitioner in 2024 under the Kite Flying Act at Nawan Kot Police Station, Lahore. A judicial magistrate acquitted the petitioner from the case. The petitioner applied for a police character certificate to travel to England, but despite the petitioner's acquittal, the character certificate showed a criminal history.

The petitioner filed an application with the Home Secretary against this action. The Home Secretary did not decide the application. The petitioner approached the Lahore High Court after the Home Secretary did not take a decision. On the court order, the Home Secretary decided on the petitioner's application.

Justice Abhar Gul Khan said in the decision that the Home Secretary wrote in his decision that under the Police Rules, FIA records are kept for 60 years. The Home Secretary wrote that the FIR will not be deleted, but if someone is acquitted, the status will be updated.

The public prosecutor said that under the Police Amendment Rules, the FIR is digitally preserved. The public prosecutor said that even if the accused is acquitted by the court, the criminal record cannot be expunged, to which the court ruled that it is important that law enforcement agencies are administrative bodies that preserve all records for their internal records.

The court said that law enforcement agencies must keep these records for legal use, but this should not violate anyone's fundamental rights. It is permissible under the law to digitally preserve the FIR, it should be ensured that the record will not be used against an acquitted person.