LAHORE: The Lahore High Court has ruled that a criminal case has no relevance against an accused after acquittal, therefore, mentioning such a case in a list of cases against that person is a violation of his fundamental rights and an attempt to prejudice the mind of the courts through misrepresentation.

“The practice of submitting only a list of criminal cases registered against a petitioner/accused without the final fate or present status of such case(s) is hereby deprecated by this court,” Justice Ali Zia Bajwa says in a verdict issued on a petition by a man challenging alleged harassment by the police.

In its response, Sattukatla police told the court that the petitioner was involved in a number of criminal cases and the petition was filed to just pressurise the police not to opt for the due course of law.

However, a counsel for the petitioner refuted the stance taken by the police saying his client stood acquitted by the courts in a number of cases, therefore, enlisting those cases against his name amounted to an attempt to prejudice the mind of the court.

Says making a case in which acquittal took place a part of list of cases amounts to prejudice the court

In the verdict, Justice Bajwa observes that it is a common practice of police to produce a list of criminal cases registered against a petitioner, knocking the door of the courts for relief.

He states that past criminal history has, sometimes, profound impact and is often considered by courts while granting bail, which is a relief discretionary in nature, or other relief rooted in equity.

The judge notes that more than often the criminal history of a petitioner is placed on the record by police which contains a number of cases in which he already stands acquitted.

He says the criminal history must only reflect the cases where an accused was convicted, including suspended sentences and all pending first information reports (FIRs), wherein he stands arraigned as an accused.

The cases wherein prosecution resulted in acquittal or discharge, or when court quashed the FIR or the prosecution stands withdrawn cannot be considered against an accused, the judge adds.

Issuing directions to police regarding submission of criminal history of a petitioner/accused, Justice Bajwa says the list must show the status of criminal case(s) against an accused.

He says the fate of every criminal case must be entered in the relevant police register immediately after the pronouncement of judgment/order.

The judge maintains that the final fate of a criminal case is always decided by the court, therefore, a better coordination mechanism must be evolved/improved to promptly convey the judgment/order of the court to the police station concerned for its entry in the relevant record.

Regarding the grievance of the petitioner against alleged illegal harassment, the judge directs the SHO concerned to remain within four corners of law and not to travel beyond the sphere of his legal duties.

Published in Dawn, August 31st, 2022