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BECHU KURIAN THOMAS
Siju, S/o. Johny – Appellant
Versus
Regional passport officer – Respondent
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
Point of Law : Mere registration of a crime does not invoke either S.6 or S.10 of the Passports Act.
A pending criminal case does not inherently disqualify a person from obtaining a Police Clearance Certificate if permitted by a court for travel.
The issuance of Police Clearance Certificates must comply with court permissions, even if criminal proceedings are pending.
A criminal charge does not inherently disqualify a passport holder from obtaining a Police Clearance Certificate if judicial permission for travel exists.
The Passport Authority must issue a Police Clearance Certificate if a jurisdictional court permits travel, despite ongoing criminal proceedings.
The Passport Authority must issue a Police Clearance Certificate if a court permits a passport holder involved in a criminal case to travel abroad.
A Police Clearance Certificate can be issued even if there are pending criminal cases, subject to court approval.
A person facing criminal charges can be permitted to travel abroad with court-approved clearance despite ongoing proceedings.
Individuals with pending criminal charges can seek police clearance to travel abroad with Court permission.
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