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DEVAN RAMACHANDRAN
Nirmal Raj @ Pappachan, S/o. Vinayakan – Appellant
Versus
State Of Kerala, Represented By Its Secretary, Home Department – Respondent
JUDGMENT :
It is conceded by both sides that the forensic issues impelled in this case are covered by the judgment of this Court in W.P. (C)No.33960/2023.
2. Sri. M.R. Sarin – learned counsel for the petitioner, conceded that his client has been implicated in Ext.P5 FIR, but that, as evident therefrom, the charges are ones that did not attract any moral turpitude; and that, in any event, he was not involved in any such offence as has been alleged against him. He added that this is manifest from Ext.P6 order of this Court, whereby, the petitioner was enlarged on bail. He, therefore, prayed that 3rd respondent be directed to consider Ext.P1 representation of his client, within a time frame to be fixed by this Court.
3. Sri.Sunil Kumar Kuriakose – learned Government Pleader, submitted that, as this Court has already declared in Navya Nalan v. District Police Chief & Another [W.P(C)No.33960 of 2023], only a Non Involvement in Offences Certificate (‘NIOC’) can be issued by the competent Authority and not a Police Clearance Certificate (‘PCC’); and hence that if the petitioner requires the same, it can be issued, however, indicating that he had involved in the Crime as reflected in Ext.P5
The central legal point established is that as per the applicable Rules and Regulations, only a Non Involvement in Offences Certificate (NIOC) can be issued by the competent authority, and there is n....
An accused is entitled to a police clearance certificate despite pending criminal charges, provided it includes details of the case.
The court ruled that a Non-Involvement in Offences Certificate must specify any pending criminal cases, balancing the rights of the accused with employment requirements.
An application for a Non-Involvement in Offences Certificate cannot be denied solely due to pending criminal cases, and details of such cases must be included in the certificate.
The court ruled that a Non-Involvement in Offences Certificate must specify pending criminal cases, balancing employment opportunities with the rights of the accused.
The issuance of a Police Clearance Certificate (PCC) must comply with judicial directions when criminal involvement is present.
A Police Clearance Certificate can only be customized in connection with prior criminal proceedings and requires court orders.
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