The court established that a police clearance certificate can be issued even with pending criminal charges if court permission for travel is granted.

JUDGEMENT

This W.P.(C) is filed by the petitioner seeking the following reliefs:

“(i) issue a writ of mandamus or such other writ, direction or order compelling the 2nd respondent to consider and pass order on merits in Ext.P3 application affording opportunity of hearing the petitioner within a time frame to be fixed by this Hon’ble Court;
(ii) issue a writ of mandamus or such other writ, direction or order directing the 2nd respondent to issue PCC with immediate effect in order to secure to opportunity to join his job at Overseas.
(iii) issue such other writ or direction this Hon’ble Court may deem fit to pass in the circumstance of the case.”

2. Petitioner had sought a police clearance certificate as envisaged under the Passport Act , 1967 , so as to enable him to travel abroad to pursue his employment. The same was declined, pointing out that he had been arrayed as an accused in Crime No. 829/2021 of Kaipamangalam Police station charged with offences under Sec. 143, 147, 148, 341, 323, 324, 294 (b), 506 (i), 149 of the IPC and that the said case is presently pending consideration before the Judicial First Class Magistrate Court (JFCM), Kodungallur as CC No.111/2022. Petitioner hence preferred a petition before the JFCM, Kodungallur seeking exemption from personal appearance in court and to allow him to travel abroad. The said petition was allowed by the JFCM vide Ext.P5 which mandated an enumerated list of conditions to be complied with so as to avail the exemption granted. Petitioner complied with the said conditions and filed an affidavit in the said respect. There after, taking note of the permission granted by the JFCM and the compliance of the conditions by the petitioner, the Kodungallur Police issued a police clearance certificate to the petitioner. Petitioner's grievance is that the 2nd respondent has not acted upon the above thus jeopardizing his proposed travel abroad.

Hence he has filed the above W.P.(C) seeking the above said reliefs.

3. Heard the learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the respondents.

4. It is submitted by the learned counsel appearing for the 2nd respondent that as per Chapter 14 of the Passport Manual, 2020 the Police Clearance Certificate ought to specifically state that there is no police case against the person concerned. In so far as a police case has admittedly been registered against the petitioner, he cannot avail a Police Clearance Certificate.

5. At this point, the learned counsel for the petitioner points to the dictum as laid down by this Court in Siju v. Regional Passport Officer ( 2021 SCC OnLine Ker 9667 ) and submits that same squarely applies to the case of the petitioner. It is noted that in the said case, this court has after taking note of the dictum laid down in Jayan v. Union of India [ (2018) 4 KLT 1077 ] wherein it was observed that mere registration of a crime does not invoke either Section 6 or Section 10 of the Passport Act , held as follows:

“7. In view of the above, notwithstanding the crime registered against the petitioner as Crime No.187/2021, there is no bar in issuing a passport to the petitioner. This is on account of two reasons (i) No “criminal proceedings” are pending in any court as contemplated under law, and (ii) even if it is deemed to be pending, since the petitioner has obtained permission from the Magistrate’s Court, he can be issued with a valid passport. If the petitioner can be issued with a passport, then it fails all logic to refuse to issue him a police clearance certificate by the Passport Authorities”.

6. In view of the above, this W.P.(C) is disposed of with the following direction:

7. Upon the petitioner presenting a copy of this judgment before the 2 nd respondent, the said respondent shall issue a Police Clearance Certificate stating that a criminal case is pending against the petitioner and that the concerned criminal court has permitted the petitioner to go abroad to pursue his employment.