Pending criminal cases do not automatically deprive individuals of their fundamental right to travel, especially when legislation provides for exceptions.

ORDER

The petitioner seeks a direction to respondent No.3 to provide a Police Clearance Certificate so as to facilitate her to obtain a travel document to go abroad.

2. The petitioner is accused No.2 in Crime No.656 of 2021 of Peruvannamoozhi Police Station registered alleging offences punishable under Sections 341, 323, 354, 294(b) and 506 r/w Section 34 of IPC, which is now pending as C.C.No.140 of 2022 on the file of the Judicial First Class Magistrate Court-II. Perambra.

3. The petitioner had applied for a Police Clearance Certificate before the Court below. The Court below passed the following order in the application.

“This Court has no objection in issuing a passport to the petitioner for a period of two years from the date of order (28.01.2023) on executing a bond for Rs.20,000/- (Rupees Twenty Thousand Only) with two solvent sureties each for the like sum. This order is only pertaining to C.C.140/2022 pending before this Court.”

4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

5. The grievance of the petitioner is that though she had applied for giving a direction to respondent No.3 to give Police Clearance Certificate, the Court below ordered that it has no objection in issuing a passport to the petitioner for a period of two years.

6. It is submitted that the petitioner is the holder of a valid Passport and in view of the pendency of the criminal case against her, a Police Clearance Certificate as provided in Passport Manual is required.

7. The petitioner holds an Indian Passport bearing No. V3816789.

8. As per Clause (f) of sub-section (2) of Section 6 of the Passports Act, 1967 , the passport authority shall refuse to issue a travel document for visiting any foreign country on the ground that proceedings in respect of an offence alleged to have been committed by the applicant are pending before a criminal Court in India. As per notification dated 25.08.1993, issued by the Ministry of External Affairs, the Government of India has exempted citizens of India, against whom proceedings in respect of an offence alleged to have been committed by them are pending before a criminal Court in India, who produce orders from the Court concerned permitting them to depart from India, from the operation of the provisions of Clause (f) of sub-section (2) of of the .

9. In Jayan V.M v. Union of India [2018 (4) KLT

1077], while considering the scope of Section 6 of the Passports Act, this Court held that mere property disputes or family disputes leading to registration of a crime cannot be within the legislative contemplation to deprive a person of his or her fundamental right, the right to travel.

10. Having considered the nature of the allegations levelled against the petitioner in the crime registered against her, I am of the view that the petitioner shall not be deprived of her right to travel abroad for obtaining a job.

11. While considering a similar fact situation this Court in W.P(C) Nos.17204/2021 and 34229/2022 has directed issuance of the Police Clearance Certificate stating the pendency of the criminal case against the parties concerned by making appropriate changes in the standard format.

12. In the light of the orders of this Court in the above referred writ petitions, this Crl.M.C. is disposed of directing respondent No.3 to issue the Police Clearnace Certificate to the petitioner, stating that there is a criminal case pending against the petitioner.