Minor convictions not grounds for ‘adverse character’ in PCCs, rules PHC

PESHAWAR: The Peshawar High Court has ruled that minor offences cannot be treated on par with serious crimes involving moral turpitude, directing authorities not to reflect such petty convictions as adverse entries in police clearance certificates (PCCs).

A bench comprising Justice Syed Muddaser Ameer and Justice Aurangzeb issued the ruling while allowing a petition filed by a citizen, holding that a minor conviction carrying only a nominal fine should not stigmatise an individual or hinder lawful opportunities.

“A minor conviction resulting only in the imposition of a nominal fine cannot be treated, nor ought it to be reflected, as an adverse character entry in a police clearance certificate in a manner that stigmatises the petitioner or impairs his lawful prospects,” the bench ruled.

The court directed authorities to issue a PCC to petitioner Mohammad Raqeeb after removing the word “convicted” linked to the case, subject to the condition that he was not involved in any other criminal matter.

In its 33-page judgement, authored by Justice Aurangzeb, the bench emphasised that a PCC containing adverse remarks goes beyond mere documentation and effectively labels an individual.

“A police clearance certificate, when carrying adverse material, operates not merely as information but as a form of labelling,” the judgement noted, adding that the Constitution does not permit “perpetual stigma” for minor, concluded matters and recognises an individual’s capacity for rehabilitation.

The court also invoked Islamic principles of dignity, honour and protection of reputation, stating that these discourage unnecessary stigmatisation and favour reintegration into society rather than exclusion.

It ruled that including acquittals, minor offences or cases resolved through plea of guilt with nominal penalties in PCCs was neither lawful nor proportionate and could cause undue prejudice.

During proceedings, petitioner’s counsel Fatima Bibi submitted that her client had been booked under Section 21 of the Khyber Pakhtunkhwa Arms Act at Saddar police station in Haripur. She said he had pleaded guilty before a judicial magistrate and, on June 27, 2016, was sentenced to imprisonment till the rising of the court along with a fine of Rs500.

She argued that the police refusal to remove the “convicted” remark from the PCC violated his fundamental rights and unjustly affected his prospects.

An additional advocate general opposed the petition, arguing that criminal records could not be expunged, even in cases of acquittal or minor offences.

Rejecting this stance, the court drew a clear distinction between petty offences and crimes involving moral turpitude, stating that not all convictions carry the same legal or social consequences.

The bench observed that while no comprehensive law on spent convictions exists, the Khyber Pakhtunkhwa Probation and Parole Act, 2021 reflects legislative intent towards rehabilitation by removing disqualifications upon successful completion of probation.

It further noted that comparative jurisprudence supports limiting disclosure in PCCs to serious, relevant and final convictions, even though the state may retain full criminal records for internal use.

Referring to precedents, including rulings by the Lahore High Court, the bench reiterated that a conviction alone does not automatically amount to moral turpitude. Factors such as intent, nature of the offence and societal impact must be assessed before attaching such a label.

“Minor or technical infractions cannot be equated with offences that entail elements of depravity, dishonesty or moral delinquency,” the court observed, stressing that such cases must not lead to adverse administrative consequences.