| Citation(s) |
|---|
| 2026 SLD 3432 |
Writ Petition No. 1287-A/2025
Presented By: AURANGZEB JUDGE
Date of hearing……………….24.03.2026…………………………... Petitioner (Muhammad Raqeeb) By Ms. Fatima Bibi, Advocate.
Respondents (District Police Officer, Haripur and others) By Mr. Wajahat Hussain Shah, Assistant Advocate General.
Petitioner (Muhammad Raqeeb)
VS
. Respondents (District Police Officer, Haripur and others)
Law: Constitution of Pakistan 1973
Section: 4, 9, 10-A, 14, 18, 37(D), 199
Law: Khyber Pakhtunkhwa Arms Act, (XXIII of 2013)
Section: 242, 243, 249-A, 265-E
Law: Code of Criminal Procedure, 1898
Section: 21
Law: Pakistan Penal Code (PPC),1860
Section: 304
Law: Police Rules, 1934
Section: 25
Law: National Accountability Ordinance, 1999
Section: 22.59, 23.17, 24.2-A
Law: Qanun-e-Shahadat Order, 1984
Section:
Summary
The petitioner challenged the orders of the trial court and revisional court after being denied a Police Clearance Certificate (PCC) without the adverse remark "convicted." He had earlier pleaded guilty to a minor offence under Section 21 of the Khyber Pakhtunkhwa Arms Act, 2013, for which he was sentenced only to imprisonment till the rising of the Court and a fine of Rs.500.
The petitioner argued that this minor conviction should not permanently stigmatize him or prevent him from obtaining a clean Police Clearance Certificate. The Government contended that under the amended Khyber Pakhtunkhwa Police Rules and digitized police record system, criminal records cannot be deleted even after acquittal or in petty offences.
The High Court extensively discussed the concepts of pleading guilty, nolo contendere (no contest plea), comparative criminal jurisprudence, constitutional guarantees, police record management, rehabilitation of offenders, and proportionality in disclosure of criminal records.