Law: Pakistan Penal Code, 1860

Section: 420, 467, 468, 471

Law: Anti-Corruption Establishment Ordinance, (XX of 1961)

Section: 5(2), 47

Law: Code of Criminal Procedure, 1898

Section: 202,53A, 164A, 164B

Law: Qanun-e-Shahadat Order, 1984

Section: 128

Law: Constitution of Pakistan, 1973

Section: 9, 14

Summary

The Supreme Court of Pakistan, through Justice Muhammad Hashim Khan Kakar, allowed Khalid Hameed's petition by setting aside orders from the Special Judge Anti-Corruption Court Pakpattan and Lahore High Court that mandated a compulsory DNA test in a private complaint alleging forgery and corruption in educational documents. The Court ruled that such forced DNA testing violates fundamental rights to privacy and liberty under Articles 9 and 14 of the Constitution, as it is irrelevant to proving the independent offenses of forgery and corruption, and lacks legal authorization outside specific sexual offense cases. The Special Judge was directed to proceed without the DNA test.-

Core Points

• Petitioner challenged lower courts' orders directing DNA test to verify paternity in a complaint under PPC Sections 420, 467, 468, 471 and ACE Sections 5/2/47, alleging forgery in educational records to deny inheritance.-
• Lower courts erred by treating disputed paternity as central issue, despite prior judicial admissions; forgery/corruption claims stand independently without needing DNA resolution.-
• No legal provision (e.g., CrPC Sections 53A, 164A, 164B or Qanun-e-Shahadat Article 128) permits compulsory DNA test without consent in non-sexual offense private complaints.-
• Forced DNA testing infringes privacy, dignity, and liberty (Articles 9, 14), causing societal stigma, psychological harm, and implications for family/mother's reputation.-
• Petition converted to appeal, impugned orders set aside; case remanded for proceedings per law sans DNA test.-

Law And Sections

JUDGMENT