The court confirmed that a police clearance certificate must be issued if a court has granted permission for travel, even with a pending criminal case.

JUDGMENT

This writ petition is filed with following prayers:

i. To issue a Writ of Mandamus or any other Writ Order or direction directing the 4th respondent to issue Police Clearance Certificate with international recognition for foreign stay/employment/immigration to the petitioner within a time frame fixed by this Hon'ble Court on account of the specific urgency of the petitioner.

ii. Such other relief's as this Hon'ble Court deems fit to grant in the nature of this case.

iii. To Dispense with the translation of Vernacular Documents.

(SIC)

2. Petitioner is arrayed as the 3rd accused in Crime No.2984 of 2021 of Varkala Police Station. Subsequently the Police filed final report and the case is now pending as S.C.No.1965/2022 before the Assistant Sessions Judge, Attingal. The petitioner want to go abroad in connection with an employment and he approached the Assistant Sessions Judge, Attingal with an application seeking to exempt the operation of Section 6(2)(f) read with Section 22(a) of the Passport Act, 1967 . The Assistant Sessions Judge, as per Ext.P1 order, permitted the petitioner to travel and stay abroad for a period of 2 years. But the Passport Authorities are not issuing Police Clearance Certificate. Hence this writ petition.

3. Heard the learned counsel for the petitioner and the learned Deputy Solicitor General of India.

4. The counsel for the petitioner reiterated his contentions in the writ petition. The DSGI submitted that this Court may pass appropriate orders in the light of the judgment dated 16.09.2021 in W.P.(C). No.17204/2021.

5. This Court considered the issuance of Police Clearance Certificate in the above judgment. It will be better to extract the relevant portion of the judgment dated

16.09.2021 in W.P.(C). No.17204/2021:

“5. 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 is not a reason which would render a person ineligible for grant of travel facilities in India. The requirement of law is that if there is a criminal case pending, one is entitled to travel only with the permission of the court before which the case is pending. As far as the present case is concerned, the petitioner is permitted by the criminal court to go abroad to pursue his employment. Therefore, it cannot be said that the petitioner is ineligible for travel facilities. At the same time, it cannot be said that there is no adverse information against the petitioner.

6. It is relevant to note that this Court had in Jayan v. Union of India [ 2018 (4) KLT 1077] observed that mere registration of a crime does not invoke either S.6 or S.10 of the Passports Act. 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 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.

8. In such circumstances, there will be a direction to the respondent to issue Police Clearance Certificate to the petitioner, stating that there is a criminal case pending against the petitioner and that the criminal court has permitted the petitioner to go abroad to pursue his employment. Such a certificate can be issued by making appropriate changes in the specimen contained in Appendix32 referred to above. This shall be done within a week from today.”

6. In the light of the same, a similar order can be passed in this writ petition also.

Therefore, this writ petition is d