No FIR references after acquittal

In a ruling safeguarding citizens’ fundamental rights, the Peshawar High Court has directed police authorities not to include references to past First Information Reports (FIRs) or cases in Police Clearance/Character Certificates where the accused has been fully acquitted by a competent court.

A division bench comprising Justice Sahibzada Asadullah and Justice Kamran Hayat Miankhel issued the detailed written judgment, spanning 11 pages and authored by Justice Asadullah, on writ petitions filed by petitioners including Muhammad Umar, Nematullah Shah, Rizaullah, and others. The petitioners were represented by advocates including Abbas Khan Sangeen.

The court heard arguments that the Constitution of Pakistan guarantees citizens’ rights to dignity, employment, and free movement. Denial or restriction of Police Clearance Certificates, often required for overseas jobs, visas, or official matters, due to mentions of old FIRs, even after acquittal, severely hampers these rights and violates basic freedoms.

Petitioners contended that once a court acquits an individual and the decision becomes final, the person is deemed fully innocent in the eyes of the law.