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2021 DIGILAW 837 (KER)

Siju, S/o. Johny v. Regional passport officer

2021-09-16

BECHU KURIAN THOMAS

body2021
JUDGMENT : 1. Petitioner holds an Indian Passport bearing No.L4944665, sought a Police Clearance Certificate from the respondent. Issue of Police Clearance Certificate is a miscellaneous service provided by the authorities under the Passports Act, 1967. The Police Clearance Certificate sought by the petitioner was declined by the respondent on the ground that a case is pending against him in a criminal court. The case of the petitioner is that he has been permitted in the said case to go abroad to pursue his employment as per Ext.P3 order of the Magistrate and therefore, he ought to have been issued the Police Clearance Certificate for employment purpose. 2. Heard Adv.Sheejo Chacko, the learned counsel for the petitioner as well as Adv.Jaishankar V.Nair, the learned Central Government Counsel for the respondent. 3. The learned Central Government Counsel, relying on Chapter 14 of the Passport Manual 2010, pointed out that a Police Clearance Certificate is insisted for going abroad to satisfy that there is no police case against the person concerned and that therefore, the same can be issued by the respondent only on receipt of a clear police report. According to the learned Central Government Counsel, since there is admittedly a criminal case pending against the petitioner, Police Clearance Certificate cannot be issued to the petitioner. Relying upon Appendix-32 of the Passport Manual, it was contended that Police Clearance Certificates are issued by the authorities under the Passports Act in the specimen contained in Appendix-32 and the said Certificate cannot be issued in the said specimen, when there is a criminal case against the person concerned. 4. The specimen Police Clearance Certificate contained in Appendix-32 of the Passport Manual reads thus: Appendix-32 (Ref. para 2.1 Chapter-14) Specimen PCC format for Indian Passport holders (to be issued on official letter head) “There is no adverse information against Mr./Mrs./Miss …............ , holder of Indian Passport No. …........... issued at …....... on …..... which would render him/her ineligible for the grant of travel facilities including visa for …...... (name of the country). Rubber Stamp of office of issue. Signature of Passport Authority. 5. It is evident from the specimen referred to above that a person is entitled to Police Clearance Certificate, only if there is no adverse information which would render him/her ineligible for grant of travel facilities. (name of the country). Rubber Stamp of office of issue. Signature of Passport Authority. 5. It is evident from the specimen referred to above that a person is entitled to Police Clearance Certificate, only if there is no adverse information which would render him/her ineligible for grant of travel facilities. There is no dispute to the fact that the pendency of a criminal case is not a reason which would render a person ineligible for grant of travel facilities in India. The requirement of law is that if there is a criminal case pending, one is entitled to travel only with the permission of the court before which the case is pending. As far as the present case is concerned, the petitioner is permitted by the criminal court to go abroad to pursue his employment. Therefore, it cannot be said that the petitioner is ineligible for travel facilities. At the same time, it cannot be said that there is no adverse information against the petitioner. 6. It is relevant to note that this Court had in Jayan v. Union of India [ 2018 (4) KLT 1077 ] observed that mere registration of a crime does not invoke either S.6 or S.10 of the Passports Act. 7. In view of the above, notwithstanding the crime registered against the petitioner as Crime No.187/2021, there is no bar in issuing a Passport to the petitioner. This is on account of two reasons (i) No “criminal proceedings” are pending in any court as contemplated under law, and (ii) even if it is deemed to be pending, since the petitioner has obtained permission from the Magistrate's Court, he can be issued with a valid Passport. If petitioner can be issued with a Passport, then it fails all logic to refuse to issue him a police clearance certificate by the Passport Authorities. 8. In such circumstances, there will be a direction to the respondent to issue Police Clearance Certificate to the petitioner, stating that there is a criminal case pending against the petitioner and that the criminal court has permitted the petitioner to go abroad to pursue his employment. Such a certificate can be issued by making appropriate changes in the specimen contained in Appendix32 referred to above. This shall be done within a week from today. The writ petition is disposed of as above.