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Saheel Muhammed – Appellant
Versus
State of Kerala – Respondent
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:
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.
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.
The court ruled that a Non-Involvement in Offences Certificate must specify pending criminal cases, balancing employment opportunities with the rights of the accused.
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.
An accused may seek a Police Clearance Certificate; rejection must be procedurally fair and grounded in relevant statutory provisions.
An accused is entitled to a police clearance certificate despite pending criminal charges, provided it includes details of the case.
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....
Police clearance certificates cannot be denied based on ongoing family court proceedings if the applicant has no criminal involvement.
The registration of a crime does not deprive an individual of fundamental rights such as the right to travel, necessitating the issuance of a Police Clearance Certificate while noting pending crimina....
Post-quashing of FIR, authorities must reconsider and issue NIOC without delay.
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