IMPORTANT POINT
Section 59 of the Kerala Police Act only permits issuance of a Non Involvement in Offences Certificate without detailing any crimes the applicant may be involved in.

JUDGMENT :

The petitioner’s grievance is regarding Ext.P4, rejecting his application for issuance of Non Involvement in Offences Certificate (NIOC).

2. Learned counsel for the petitioner relies on the decisions of this Court Rajendraprasad T.V. v. Union Territory of Lakshadweep (2023 KHC OnLine 10443), Sasikumar v. State of Kerala (2023 KHC 254) and Nirmal Raj @ Pappachan v. State of Kerala (2024 (1) KHC 497) to contend that, even if the applicant is involved in a crime, the police should issue a certificate containing the details of crimes in which he/she is involved.

3. Learned Government Pleader, on the other hand, would contend that Section 59 of the Kerala Police Act, provides for issuance of only Non Involvement in Offences Certificate (NIOC) and there is no provision to issue certificate containing details of the crimes in which the applicant is involved. In support of this contention, reliance is based on the Judgment in WPC NO.2506 of 2024.

4. Section 59 of the Kerala Police Act, being contextually relevant, is extracted hereunder:

“59. Police to give certificates of non-involvement in offences.- The District Police Chief or the Station House Officer may, on the application of any person, give a certificate to the effect that such person is not involved in any offence after suitable enquiries and after realising such charges as may be fixed by the Government in this regard.”

As rightly contended by the learned Government Pleader, the section only requires the issuance of a certificate to the effect that the applicant is not involved in any offence. The question is whether a certificate containing details of the crimes in which the applicant is involved can be issued in exercise of power under Section 59 of the Kerala Police Act. The provision being clear, the answer can only be in the negative. In such circumstances, the petitioner’s remedy is to make an application requesting for details of the crime in which he is involved. If such an application is submitted, the same shall be considered by the Station House Officer and the details provided expeditiously. Thereupon, the petitioner can produce the details before the KSRTC, for further action in the matter of his employment.

The Writ Petition is accordingly disposed of.