Law: Constitution of Pakistan 1973

Section: 4, 9, 10-A, 14, 18, 37(d)

Law: Khyber Pakhtunkhwa Arms Act, (XXIII of 2013)

Section: 21

Law: Code of Criminal Procedure, 1898

Section: 242, 243, 249-A, 265-E

Law: Pakistan Penal Code (PPC),1860

Section:

Law: Police Rules, 1934

Section:

 Summary

The petitioner had pleaded guilty to an offence under the Khyber Pakhtunkhwa Arms Act, 2013 and was convicted in 2019 with a sentence of imprisonment till the rising of the Court and a fine of Rs. 500. Later, while applying for a Police Clearance Certificate, he found that the word "convicted" appeared in his police record, adversely affecting his employment prospects. His revision petition was dismissed, leading him to file a constitutional petition.

The High Court held that although the police may retain criminal records for internal administrative purposes, routine Police Clearance Certificates should not permanently stigmatize individuals convicted of minor offences involving no moral turpitude, particularly where the conviction resulted from a voluntary plea of guilty and only a nominal penalty was imposed. Such disclosure violates constitutional rights to dignity, privacy, livelihood, and proportionality.

Accordingly, the Court partly allowed the petition and directed the police to remove the word "convicted" from the petitioner's Police Clearance Certificate relating to the minor arms case, provided he was not involved in any other criminal case.