IMPORTANT POINT
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.

ORDER :

Accused in C.C.No.1669/2021 on the files of the Judicial First Class Magistrate Court-I, (Forest Offences), Thodupuzha, has filed this petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking the relief as under:

Direct the 2nd respondent to issue Non-Involvement in Offences Certificate (Police Clearance Certificate) to the petitioner, who is the accused in C.C.No.1669/2021 of the court of the Judicial Magistrate of First Class-I Thodupuzha, (arising out of Crime No.2064/2020 of Thodupuzha Police Station, Idukki District) in accordance with the dicta laid down by this Hon'ble Court in 2023 KHC 254 [Sasikumar v. State of Kerala] (Annexure 6) and in Order dated 06/03/2024 passed in Crl.MC.No.905/2024 (Annexure 7) within a reasonable time frame as fixed by this Hon'ble Court.

2. Heard the learned counsel for the petitioner and the learned Public Prosecutor. Perused the decisions placed and Section 59 of the Kerala Police Act, 2011 (for short, 'the KP Act' hereinafter).

3. It is submitted by the learned counsel for the petitioner that, the petitioner, who is the accused in the above case, alleging commission of offences punishable under Sections 341, 324 and 323 of the Indian Penal Code (for short, 'the IPC' hereinafter), a technically qualified person, has secured employment as Mechanic Aircraft in AI Engineering Services Ltd. One of the conditions for the said appointment is that, upon joining service, the petitioner shall produce a Police Clearance Certificate from the competent authority. Accordingly, the petitioner submitted an application on 19.9.2024, for issuance of a Non-Involvement in Offences Certificate (Police Clearance Certificate) from the 2nd respondent, through online mode. In response to the said application, as on 25.9.2024, the 2nd respondent issued a Rejection Notice, as Annexue 5. It is submitted that, in the decision of this Court in Sasikumar v. State of Kerala reported in [2023 KHC 254], in paragraph Nos.8 and 9, this Court considered the impact of Section 59 of the KP Act and held as under:

8. Further, it is not the intention of S.59 of the Kerala Police Act, 2011 that whenever a criminal case is pending against an accused, he should be denied the opportunity even to attempt to obtain an employment, if a certificate from the police is required. There would be cases of offences which may have no bearing on the nature of employment.

9. In the above view of the matter, I direct the 3rd respondent to issue a police clearance certificate as contemplated under S.59 of KP Act specifying the existence of the criminal case along with its number, the type of offences, and the name of the court. The needful shall be done, within a period of three weeks from the date of receipt of a copy of this judgment.

It is also pointed out that, in a subsequent decision of this Court in Shibu K.R. v. State of Kerala (Crl.M.C.No.905/2024), in paragraph No.3, this Court again considered Section 59 of the KP Act and held as under:

3. Though Section 59 of the Kerala Police Act, 2011 provides for the issuance of a Non Involvement Offences Certificate (NIO Certificate) this Court has directed in several instances to issue a certificate reflecting whether the petitioner is involved in a crime or not. Though the statute uses the nomenclature Non Involvement certificate, issuing a certificate showing the involvement of the accused in a crime would not cause any prejudice and, on the other hand, would only be beneficial to the proposed employer.

4. Relying on the above decisions, the learned counsel for the petitioner pressed for the reliefs granted in Crl.M.C.No.905/2024, a similar case, with direction to the 2nd respondent to issue a certificate specifying the existence of any criminal case/s against the petitioner with their numbers, nature of offence/offences and the Court where the cases are pending, at the earliest.

5. It is pointed out by the learned Public Prosecutor that, Section 59 of the KP Act does no