A person accused of an offence is entitled to a Non-Involvement in Offence certificate, even if convicted, provided it includes details of the conviction.

JUDGMENT

The petitioner is working as an officer in Airport operations and customer service in Indigo Airlines. The petitioner has been directed by her employer to produce a police clearance certificate. The petitioner has submitted Ext.P4 online application to the first respondent. However, the 1st respondent has not processed the application till date on the ground that the petitioner stands convicted as per Ext.P3 judgment by the Additional Sessions Court-I, Kollam. This Court has in umpteen number of cases held that merely because an applicant is involved in a criminal case, the same does not disentitle an applicant from getting a police clearance certificate. The action of the respondents in refusing to consider the petitioner's application is arbitrary. Hence, the writ petition.

2. Heard; the learned counsel appearing for the petitioner and the learned Government Pleader.

3. The learned counsel for the petitioner reiterated the contentions in the writ petition. He contended that in view of Section 59 of the Kerala Police Act (in short, 'Act') and the decision of this Court in Sasikumar v. State of Kerala [ 2023 KHC 254 ] , the second respondent is obliged to issue a police clearance certificate to the petitioner specifying the details of the crime. The action of the respondents is unjustifiable. Hence, the writ petition may be allowed.

4. The learned Government Pleader opposed the above submission. He stated that as per the recent decision of this Court in Bittu Geevarghese Kurian v. Station House Officer , Pulikeezhu Police Station, Pathanamthitta[ 2024 KHC 7375 ], this Court has clearly held that only a involvement/ non- involvement in an offence (NIO) certificate is contemplated under Section 59 of the Act. However, in view of the law laid down in Sasikumar's case (Supra), the Station House Officer would issue a certificate as per the Circular dated 9.1.2025 issued by the State Police Chief in Annexure 2 Format, wherein the details of the crime in which the petitioner is convicted would be mentioned.

5. S.59 of the Kerala Police Act, 2011 ('Act' for short) enables the Police to issue a Non - Involvement in offence certificate, which reads as follows:

"59. Police to give certificates of non - involvement in offences. - The District Police Chief or the Station House Officer may, on the application of any person, give a certificate to the effect that such person is not involved in any offence after suitable enquiries and after realising such charges as may be fixed by the Government in this regard."

6. The above provision unequivocally empowers the District Police Chief or a Station House Officer to issue a certificate stating that such person is not involved in any offence, which is commonly known as a Non - Involvement in Offence (NIO) certificate @ Police Clearance Certificate.

7. The question of whether a person involved in an offence is entitled to a certificate under S.59 of the Act is no longer res integra in the light of the decision of this Court in Sasikumar v. State of Kerala ( 2023 KHC 254 ), where it is held as under:

"7. Whether on the basis of such a clearance certificate containing a statement on the involvement of the petitioner in a particular crime, he would obtain any permission to ply the vehicle is a different matter. However, the certificate need not be denied merely due to the pendency of a criminal case, especially when criminal cases do take a long period to be disposed of. Coupled with the delay, the presumption of innocence of an accused, that continue until trial is completed and the judgment pronounced also compels this Court to adopt such a view.

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 to even 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. I