LAHORE: The Lahore High Court has directed the Punjab home secretary to issue a police character certificate to a man, omitting reference to a previously registered FIR in which he stands acquitted.
The petitioner, Abdul Rehman Faryad, had challenged the legality of a June 3, 2025, letter issued by the home department, declining his request for a character certificate, despite his acquittal in an FIR registered under sections 3 & 4 of the Punjab Prohibition of Kite Flying Ordinance, 2001.
In the impugned letter, the home department cited Rule 24.5 of the Police Rules, 1934, noting that the FIR and its index is a perpetual record and mandated to be preserved for a period of 60 years. Therefore, the record of any person involved in any FIR cannot be deleted.
A provincial law officer stated that the retention of such data, so long as it is confined to lawful administrative use and is not disclosed or misused in a manner prejudicial to the rights of the individual, cannot be construed as a violation of fundamental rights guaranteed under the Constitution.
In the judgment, Justice Abher Gul Khan observed that the allegations against the petitioner did not involve moral turpitude, nor did they relate to any offence against the state.
The judge noted that once a person is acquitted and the order attains finality, any act by public authorities that continues to associate that individual with a criminal allegation undermines not only the acquittal itself but also the foundational principles of fairness, dignity and presumption of innocence.
The judge stated that it would be legally unjustified to draw any adverse inference or attach any stigma to the petitioner merely based on the registration of an FIR or the fact that a trial was conducted, when such proceedings have conclusively ended in an unchallenged acquittal.
Justice Gul allowed the petition, and directed the home secretary to ensure the issuance of a police character certificate in favour of the petitioner, which accurately reflects his present legal status.
Published in Dawn, August 9th, 2025
