The right to travel is protected even in the presence of pending criminal cases, allowing the issuance of relevant travel documents with specified notations of ongoing cases.

JUDGMENT

The prayers in this Writ Petition filed under Article 226 of the Constitution of India are as follows:-

“I. Issue a writ in the nature of Mandamus or any other appropriate writ, order or direction to the 2^nd and 3^rd Respondents to issue a Police Clearance Certificate to the petitioner for the purpose of travelling abroad.

II. To grant any such other and further relief as this Hon’ble court may deem fit in the facts and circumstances of the case so as to meet the ends of justice.

III. To dispense with the production of English Translation of vernacular documents in the writ petition.”

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

3. The petitioner is accused No.1 in Crime No.1995 of 2023 of Central Police Station, Ernakulam, alleging offences punishable under Section 332 of IPC and Section 3 r/w Section 4 of the Kerala Healthcare Service Persons and Healthcare Services Institutions (Prevention of Violence and Damage to Property) Act, 2012.

4. The petitioner was granted bail by the Additional Sessions Judge-II, Ernakulam in Crl.M.C.No.2002 of 2023. He filed an application as Crl.M.A.No.6390 of 2024 seeking permission to obtain passport. As per order dated 19.07.2024, the learned Sessions Judge granted permission to obtain passport.

5. The petitioner seeks a direction to respondent No.3 to issue a Police Clearance Certificate as provided in the Passport Manual. The petitioner holds an Indian passport bearing No.C7990785.

6. As per Clause (f) of sub-section (2) of Section 6 of the Passports Act, 1967 , the passport authority shall refuse to issue a passport or 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 .

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

1077), this Court held that the registration of a crime cannot be within the legislative contemplation to deprive a person of his or her fundamental right, the right to travel.

8. Having considered the nature of allegations levelled against the petitioner in the crime registered against him, I hold that the petitioner shall not be deprived of his right to travel abroad for the purpose of obtaining employment.

9. 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.

10. In Abhirami Girish v. State of Kerala and Another (2024: KER :76825), this Court observed thus:-

“10. In such circumstances, even though Section 59 of the KP Act does not provide issuance of a certificate detailing crimes involved by the petitioner, it is well and good in the interest of justice to issue a certificate, specifying the existence of criminal case/s against the applicant with their numbers, nature of offence/offences with section/s of law, the Court where the cases are pending. The certificate shall state the details of the cases disposed off relating to the applicant with the result thereof, specifying conviction, acquittal, discharge, quashment, etc., so that the Authority insisted production of the certificate, to take an appropriate decision.”

11.