PHC Rules Minor Offences Should Not Affect Police Clearance Certificates

The Peshawar High Court has ruled that minor offences should not be treated as adverse entries in police clearance certificates (PCC), drawing a clear distinction between petty crimes and those involving serious misconduct.

A bench comprising Justice Syed Muddaser Ameer and Justice Aurangzeb issued the decision while allowing a petition filed by a citizen seeking the removal of a minor conviction from his record.

No Lasting Stigma for Minor Convictions

The court held that a minor conviction resulting in a nominal fine should not be reflected in a way that harms an individual’s reputation or prospects.

It directed authorities to issue a PCC to the petitioner, Mohammad Raqeeb, after removing the word “convicted,” provided he is not involved in any other criminal case.

The bench observed that including such minor matters in a PCC amounts to unnecessary labelling and violates constitutional principles.

Emphasis on Rehabilitation

The judgment stressed that the Constitution does not allow permanent stigma for minors, concludes cases, and recognizes an individual’s right to rehabilitation.

It also cited Islamic principles of dignity and protection of reputation, noting that unnecessary stigmatization should be avoided.

Legal Distinction Clarified

The court highlighted that not all convictions involve moral turpitude and that minor or technical violations cannot be equated with serious offences involving dishonesty or depravity.

Referring to the Khyber Pakhtunkhwa Probation and Parole Act 2021, the bench noted that the law supports rehabilitation by removing disqualifications after successful completion of probation.

Background of the Case

The petitioner had been fined Rs500 in 2016 after pleading guilty in a minor case under the Khyber Pakhtunkhwa Arms Act. However, police refused to issue a PCC without mentioning the conviction.

His counsel argued that this refusal violated his fundamental rights, while the government maintained that criminal records could not be altered.

The court, however, ruled that disclosure in PCCs must be limited to serious and relevant convictions, ensuring fairness and proportionality.