Pending criminal cases do not inherently disqualify applicants from obtaining Police Clearance Certificates.

Dated this the 8th day of April, 2024 The petitioner is aggrieved by the action of the 1st respondent-Union of India in refusing to consider the application of the petitioner for Police Clearance Certificate.

2. The petitioner states that he is holder of a Passport bearing No.Y9550438 and he had applied for Police Clearance Certificate with Ext.P1 application for the purpose of employment visa / work permit to go abroad. The petitioner is an accused in C.C. No.487/2020 pending before the Judicial First Class Magistrate’s Court-III, North Paravur, for the offences punishable under Sections 279 and 304-A of the Indian Penal Code and Section 146 read with Section 196 of the Motor Vehicles Act , 1988.

3. The petitioner submitted that even though the Trial Court permitted the petitioner to go abroad with certain conditions, the 1st respondent is not issuing Police Clearance Certificate to the petitioner stating that there is a pending criminal case against him and has kept Ext.P1 application pending without any valid reasons. Inaction on the part of the respondents in considering Ext.P1 application, the petitioner is before this Court.

4. Counsel for the petitioner submitted that in view of the judgment of this Court in Siju v. Regional Passport Officer [2021 SCC Online Ker 9667], the petitioner is entitled to get a Police Clearance Certificate even though a crime is pending against the petitioner.

5. Central Government Counsel submitted that taking into consideration the judgment of this Court in Siju v. Regional Passport Officer (supra), the petitioner’s application for Police Clearance Certificate can be considered and the petitioner can be issued with a customised Police Clearance Certificate incorporating the particulars of the criminal case pending against the petitioner, if all other parameters are satisfied.

Taking into consideration the law laid down by this Court in Siju v. Regional Passport Officer (supra), the writ petition is disposed of directing the 2nd respondent-Regional Passport Officer to process the application for issuance of Police Clearance Certificate and conclude the proceedings taking note of the judgment of this Court in Siju v. Regional Passport Officer (supra) and take appropriate decision thereon, within a period of three weeks.