Pakistan

LHC Orders Issuance of Character Certificate Despite Old FIR

The Lahore High Court has ordered the Punjab home secretary to issue a police character certificate to a man, excluding any reference to a previous criminal case in which he was acquitted.

Petitioner Abdul Rehman Faryad had challenged a June 3, 2025, letter from the home department that refused his request for the certificate. The department cited an FIR registered against him under sections 3 and 4 of the Punjab Prohibition of Kite Flying Ordinance, 2001, despite his acquittal.

Officials argued that under Rule 24.5 of the Police Rules, 1934, FIR records are preserved for 60 years and cannot be deleted.

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A provincial law officer maintained that retaining such records for lawful administrative purposes does not violate constitutional rights, provided the data is not disclosed or misused.

However, Justice Abher Gul Khan noted that the allegations did not involve moral turpitude or offences against the state. He stressed that once an acquittal becomes final, continuing to link the person with the criminal case undermines the principles of fairness, dignity, and the presumption of innocence.

The court concluded that drawing any adverse inference from an unchallenged acquittal is legally unjustified. Justice Khan directed the home secretary to issue a certificate accurately reflecting the petitioner’s current legal status.

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Published by
Arsalan Khattak