PHC bars mention of acquitted cases in police clearance certificates

PESHAWAR, (UrduPoint / Pakistan Point News - 5th Mar, 2026) The Peshawar High Court has ruled that cases in which an accused person has been acquitted by a competent court cannot be mentioned in Police Clearance or Character Certificates, terming such practice unlawful and a violation of fundamental rights.

The decision was issued by a two-member bench comprising Justice Sahibzada Asadullah Khan and Justice Kamran Hayat while hearing a constitutional petition filed by advocate Abbas Khan Sangin.

In its detailed judgment, the court held that once an accused has been formally acquitted by a competent court and the acquittal has attained finality, the individual must be considered completely free of the allegations in the eyes of law.

In such circumstances, mentioning the relevant FIR or case in official documents, particularly Police Clearance or Character Certificates, would be unnecessary, unlawful and mala fide.

The court further observed that such practice amounts to a violation of the Right to Dignity guaranteed under Article 14 of the Constitution, as it attaches a lasting stigma to a person who has already been declared innocent through due judicial process.

The bench also ruled that individuals who had admitted guilt in minor cases and paid nominal fines should also be issued Police Clearance Certificates in accordance with the law.

During the proceedings, advocate Abbas Khan Sangin argued that many citizens who had been honourably acquitted in old cases were still being denied Police Clearance Certificates by the police, which he said constituted a violation of fundamental rights.

He maintained that after acquittal, previous FIRs could not legally be used as grounds to deprive a citizen of official facilities.

He further submitted that the Constitution guarantees citizens the rights to dignity, employment and freedom of movement, adding that denial of Police Clearance Certificates often creates serious hurdles for people seeking overseas employment, visas and other official documentation.

After hearing the arguments, the court agreed with the petitioner’s stance and directed the concerned police and administrative authorities to issue Police Clearance Certificates to the applicants without delay.

The court also directed the Inspector General of Police and relevant District Police Officers to ensure that no eligible citizen is denied the issuance of Police Clearance or Character Certificates.

The petitioners welcomed the judgment and expressed gratitude to their counsel and the judiciary, stating that the ruling would not only provide them relief but also benefit many other citizens facing similar difficulties.

Police Clearance Certificates are considered an important document for foreign travel, employment, visa applications and other legal matters, and delays in their issuance can cause serious difficulties for applicants.

The latest ruling of the Peshawar High Court is being seen as an important step towards protecting citizens’ rights and strengthening constitutional safeguards.