𝐏𝐨𝐥𝐢𝐜𝐞 𝐂𝐡𝐚𝐫𝐚𝐜𝐭𝐞𝐫 𝐂𝐞𝐫𝐭𝐢𝐟𝐢𝐜𝐚𝐭𝐞 𝐒𝐡𝐚𝐥𝐥 𝐧𝐨𝐭 𝐑𝐞𝐟𝐥𝐞𝐜𝐭 𝐅𝐈𝐑/𝐂𝐫𝐢𝐦𝐢𝐧𝐚𝐥 𝐑𝐞𝐜𝐨𝐫𝐝 𝐢𝐧 𝐂𝐚𝐬𝐞 𝐨𝐟 𝐀𝐜𝐪𝐮𝐢𝐭𝐭𝐚𝐥: 𝐈𝐇𝐂

𝐏𝐨𝐥𝐢𝐜𝐞 𝐂𝐡𝐚𝐫𝐚𝐜𝐭𝐞𝐫 𝐂𝐞𝐫𝐭𝐢𝐟𝐢𝐜𝐚𝐭𝐞 𝐒𝐡𝐚𝐥𝐥 𝐧𝐨𝐭 𝐑𝐞𝐟𝐥𝐞𝐜𝐭 𝐅𝐈𝐑/𝐂𝐫𝐢𝐦𝐢𝐧𝐚𝐥 𝐑𝐞𝐜𝐨𝐫𝐝 𝐢𝐧 𝐂𝐚𝐬𝐞 𝐨𝐟 𝐀𝐜𝐪𝐮𝐢𝐭𝐭𝐚𝐥: 𝐈𝐇𝐂

Here is a very good news from Islamabad High Court for the applicants of the Police Character Certificate:

Honorable Justice Azam Khan has recently given an importing ruling stating that when a person has been acquitted and the acquittal order has attained finality, the Police have no authority mention the FIR in the Character Certificate. In case of acquittal, the Certificate shall not reflect any criminal record including the FIR as acquittal means as if there has been no offence on the part of the applicant/accused.

In the case in hand, the Petitioner applied for the PCC but the Police were adamant to issue a PCC with mentioning the FIR/criminal record despite the fact that the applicant had been acquitted in the case. The High Court was moved in this regard and two prayers were made: to omit/remove the name of the Petitioner from the internal police record and to issue a PCC without mentioning  that there had been FIR against the applicant.

The State Counsel on behalf of the Police maintained that the Police have to maintain their internal record and this record is necessary for the institutional memory, coordination with other law enforcement agencies and trend analysis. Thus, the name of an accused cannot be removed from the police record even after acquittal. And when an applicant applies for PCC, the Police are bound to mention the FIR, not the criminal case in which he has been acquitted, in the PCC relying on the internal record as the record of the FIR exists and reflects this.

The Court partly allowed the petition stating that no name of an applicant of a PCC can be removed or omitted from the internal record of the Police as the institution has to maintain the record for its memory and other useful purposes. This part of the petition was dismissed.

However, the next prayer that the PCC must not mention the FIR in case of acquittal, the Court held that acquittal means that there has been no offence on the part of an accused. He is as innocent as any  other person with no criminal record. The purpose of the Police Character Certificate is to verify as to whether there has been or there is any criminal offence or record on the part of the person. In case of acquittal, it is deemed that there has been no offence or no criminal record on the part of the person. Thus, the petition was allowed to the extent that in a case of acquittal no FIR or criminal record shall reflect in the Police Character Certificate.

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