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2024 Supreme(Online)(Kar) 44143
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2024 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 8599 OF 2024 (GM-PASS)
BETWEEN:
SRI K C CARIAPPA S/O K M CHARMANNA, AGED ABOUT 29 YEARS, NO.424, NANDANA NILAYA, RAMAIAH ENCLAVE, 10TH MAIN, 10TH CROSS, NAGASANDRA POST, BENGALURU-560073 …PETITIONER (BY SRI. RAGHAVAN M., ADVOCATE)
AND:
Digitally signed 1. UNION OF INDIA by NAGAVENI MINISTRY OF EXTERNAL AFFAIRS, Location: HIGH REGIONAL PASSPORT, COURT OF OFFICE BENGALURU, KARNATAKA REP. BY REGIONAL PASSPORT OFFICER, 8TH BLOCK, 80 FEET ROAD, KORAMANGALA, BENGALURU-560095
2. REGIONAL PASSPORT OFFICE BENGALURU
8TH BLOCK, 80 FEET ROAD, KORAMANGALA, BENGALURU-560095 REPRESENTED BY GRANTING OFFICER
3. STATE OF KARNATAKA BY COMMISSIONER OF POLICE, INFANTRY ROAD, BENGALURU-560001 REP. BY SPP, HIGH COURT OF KARNATAKA, BENGALURU-560001 …RESPONDENTS (BY SRI. H. SHANTHI BHUSHAN, DSGI. A/W SRI. UNNIKRISHNAN M., CGSC FOR R1 AND R2;
SRI. RAHUL CARIAPPA K.S., AGA FOR R3)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO i) DIRECT THE R2 TO APPROVE THE CLEARANCE OF POLICE CLEARANCE CERTIFICATE FOR THE DOCUMENT PRODUCED AT ANNEX-A AND D.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner is before this Court seeking a direction by issuance of a writ in the nature of mandamus directing second respondent to approve and grant police clearance by way of certificate to enable grant of a visa or visa clearance by the second respondent.
2. Heard the learned counsel Sri. Raghavan M., appearing for the petitioner, the learned Deputy Solicitor General of India, Sri.Shanthi Bhushan H along with Sri. Unnikrishnan M., CGSC, appearing for respondent Nos.1 and 2 and the learned Additional Government Advocate, Sri. Rahul Cariappa K.S., appearing for respondent No.3.
3. Owing to the direction so sought, this Court, on 20.03.2024, passed the following order:
" Learned DSGI Sri.Shanthi Bhushan is directed to accept notice for respondents 1 and 2.
Learned Additional Government Advocate Sri.Rahul Cariappa is directed to accept notice for respondent No.3.
Learned counsel for the petitioner to serve a copy of the petition papers upon the learned counsels, forthwith.
The petitioner is before this Court in a piquant circumstance wherein he has to travel to England to play cricket as he has been invited to play the game to represent the State, but he has been denied the police clearance certificate to travel abroad.
The Police clearance certificate for the purpose of issuance of passport to travel is denied on the ground that a crime is registered against him for the offence punishable under Sections 323, 504, 506 and 420 of the IPC by his fiancée in Crime No.458 of 2023. The matter is still at the stage of investigation.
In the light of the fact that the matter is still under investigation, neither the police clearance certificate nor the passport can be denied in the light of the Office Memorandum issued by the Ministry of External Affairs dated 10.10.2019, which clarifies the Circular GSR 570(E) notification of the year 1993, which deals with such circumstances.
Therefore, the learned Additional Government Advocate to secure instructions as to how the police clearance certificate is withheld and list the matter on 22.03.2024 in the fresh matters list."
The matter was listed on 22.03.2024 and the learned Deputy Solicitor General of India, Sri.Shanthi Bhushan H., had assured this Court that the clearance certificate would be issued by the second respondent once a communication comes from the State of necessary police clearance, without brooking any delay. Therefore, the Court passed the following order:
" This Court on 20.03.2024 had passed the following order:
“… The petitioner is before this Court in a piquant circumstance wherein he has to travel to England to play cricket as he has been invited to play the game to represent the State, but he has been denied the police clearance certificate to travel abroad.
The Police clearance certificate for the purpose of issuance of passport to travel is denied on the ground that a crime is registered against him for the offence punishable under Sections 323, 504, 506 and 420 of the IPC by his fiancée in Crime No.458 of 2023. The matter is still at the stage of investigation.
In the light of the fact that the matter is still under investigation, neither the police clearance certificate nor the passport can be denied in the light of the Office Memorandum issued by the Ministry of External Affairs dated 10.10.2019, which clarifies the Circular GSR 570(E) notification of the year 1993, which deals with such circumstances.
Therefore, the learned Additional Government Advocate to secure instructions as to how the police clearance certificate is withheld and list the matter on 22.03.2024 in the fresh matters list."
Learned Additional Government Advocate, on instructions, would submit that except the subject FIR there is no other case pending against the petitioner.
In the light of the aforesaid order, it is imperative that the police would accord such clearance.
Learned senior Central Government Counsel Sri.Unnikrishnan would undertake that the clearance certificate would be issued by the 2nd resp
