JUDGMENT

Petitioner holds an Indian Passport bearing No.P 5256697. He challenges Ext.P5 and also seeks for issuance of a Police Clearance Certificate from the 3rd respondent to take up employment abroad.

2. Issuing a Police Clearance Certificate is a miscellaneous service provided by the authorities under the Passports Act, 1967. The Police Clearance Certificate sought for by the petitioner was not considered by the respondents and his application was closed by Ext.P5. The reason for declining the clearance certificate is the pendency of C.C. No.694 of 2018 before the Judicial First Class Magistrate Court, Chalakkudy against the petitioner. The contention of the petitioner is that the criminal case against him is foisted without any basis and no offence is actually evident from the allegations even. According to the petitioner, the learned Magistrate has not only granted permission to the petitioner for going abroad for one year but had also granted exemption from personal appearance in court. Hence, petitioner contends that he ought to have been issued with the Police Clearance Certificate for employment purposes.

3. Heard Sri.G.Sreekumar Chelur, the learned counsel for the petitioner, Sri.S.Manu, the learned Assistant Solicitor General of India for respondents 1 and 6 as well as Adv.Sabeena P.Ismail, the learned Government Pleader for respondents 2 to 5.

4. The learned ASGI, relying on Chapter 14 of the Passport Manual 2010, pointed out that a Police Clearance Certificate is insisted for going abroad to satisfy that there is no police case against the person concerned and that therefore, the same can be issued by the respondent only on receipt of a clear police report. According to the learned ASGI, since there is admittedly a criminal case pending against the petitioner, Police Clearance Certificate cannot be issued to the petitioner. Relying upon Appendix-32 of the Passport Manual, it was contended that Police Clearance Certificates are issued by the authorities under the Passports Act in the specimen contained in Appendix-32 and the said Certificate cannot be issued in the said specimen, when there is a criminal case against the person concerned.

5. The specimen Police Clearance Certificate contained in Appendix-32 of the Passport Manual reads thus:

Appendix-32

(Ref. para 2.1 Chapter-14)

Specimen PCC format for Indian Passport holders

(to be issued on official letter head)

“There is no adverse information against Mr./Mrs./Miss …............ , holder of Indian Passport No. …........... issued at …....... on …..... which would render him/her ineligible for the grant of travel facilities including visa for …...... (name of the country).

Rubber Stamp of office of issue. Signature of Passport Authority.

6. It is evident from the specimen referred to above that a person is entitled to Police Clearance Certificate, only if there is no adverse information which would render him/her ineligible for grant of travel facilities. There is no dispute to the fact that the pendency of a criminal case though not a reason which would render a person ineligible for travel abroad, it is still an adverse information. The requirement of law is that if there is a criminal case pending, passport can be obtained only with the permission of the court before which the case is pending. Petitioner already has a valid passport. Since the Magistrate has granted permission to the petitioner in C.C. No.694 of 2018 on the file of the Judicial First Class Magistrate Court, Chalakkudy to travel abroad and even exempted him from personal appearance, the issue boils down to the clearance certificate of the police alone.

7. In view of the above, notwithstanding the pendency of C.C.

No.694 of 2018 before the Judicial First Class Magistrate Court, Chalakkudy there is no bar in issuing a police clearance certificate to the petitioner. Since petitioner holds a valid passport and the learned Magistrate has granted permission to travel, it fails all logic to refuse to issue him a