Law: Constitution of Pakistan 1973

Section: 4, 9, 10-A, 14, 18, 37, 199

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: 304

Law: National Accountability Ordinance, 1999

Section: 25

 Summary

The petitioner challenged the orders of the trial court and revisional court after being convicted on his own plea of guilt under Section 21 of the Khyber Pakhtunkhwa Arms Act, 2013, where he was sentenced only to imprisonment till the rising of the Court and a fine of Rs.500. Later, when applying for a Police Clearance Certificate (PCC), the police continued to display the remark "convicted" in his digital criminal record, adversely affecting his reputation and opportunities.

The Peshawar High Court held that although police may retain criminal records internally for law enforcement purposes, routine Police Clearance Certificates should not permanently stigmatize citizens for minor offences, nominal penalties, or convictions based on voluntary pleas of guilt that do not involve moral turpitude. The Court emphasized constitutional rights to dignity, privacy, fair treatment, livelihood, and rehabilitation under Articles 4, 9, 10-A, 14, and 18 of the Constitution.

Accordingly, the Court partly allowed the petition and directed the police to issue a Police Clearance Certificate after removing the word "convicted" in relation to the petitioner's minor conviction, provided he was not involved in any other criminal case.