The Lahore High Court (LHC) has ruled that cases in which an individual has been dismissed or acquitted cannot be mentioned in a police character certificate, marking a significant decision on privacy and citizens’ rights.
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Justice Tariq Saleem issued the detailed judgment while hearing a petition filed by Dr. Uzma Hamid, who had been acquitted in a fraud case in 2017. Dr. Hamid sought the removal of the case record from the police certificate required for her overseas visa application.
While the court declined to order the deletion of police records related to her acquittal, it directed authorities to issue a new certificate within ten days that does not include details of the dismissed case. The court clarified that although the police may retain such records, they cannot disclose them in official certificates.
The ruling emphasized that, under the law, an acquitted person must be treated as though the case never existed. Justice Tariq Saleem highlighted that Article 14 of the Constitution protects the dignity and privacy of citizens, underscoring that including information from dismissed cases violates these constitutional safeguards.
According to case details, Dr. Uzma Hamid had been charged with fraud in 2016 and was acquitted a year later by a judicial magistrate. However, her police certificate for an overseas study visa still contained references to the dismissed case, prompting her petition.
The court also noted that while police rules allow case records to be maintained for up to 60 years, law enforcement agencies cannot be compelled to destroy them. However, such records must not be disclosed in future police certificates issued to acquitted individuals.
