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2026 Supreme(Online)(Ker) 16100

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MURALI PURUSHOTHAMAN, J
ANVARSHA MUHAMMED SHIBLY – Appellant
Versus
UNION OF INDIA – Respondent
WP(C) NO. 9580 OF 2026 | S.C.No.1253/2020



Advocates:
For the Appellants/Petitioners: Shri.Jison Joy, Smt.Nanma.B.B
For the Respondents: Smt.O.Shaleena, SMT.Devishree

Judgment clarifies the protocol for issuing police clearance certificates to individuals accused in pending criminal cases.

Headnote:This judgment involves the interpretation of police clearance certificate issuance under the specific orders from the court regarding an accused's constitutional rights. The facts indicate that the petitioner, an accused in a pending trial, seeks to obtain a passport. The court orders the issuance of a customized police clearance certificate contingent upon an existing criminal case. The key issue is the protocol for issuing certificates to individuals involved in criminal cases. The court emphasizes compliance within two weeks.

Table of Content
1. petitioner's request regarding passport linked to criminal case. (Para 1)
2. court hears submissions on certificate issuance for accused. (Para 2 , 3)
3. directive for issuance of customized pcc. (Para 4)

JUDGMENT

The petitioner is the holder of an Indian passport and he desires to go abroad for employment purpose. He is an accused in S.C.No.1253/2020, which is pending trial before the Assistant Sessions Court, Karunagappally. He has submitted an application for issuance of Police Clearance Certificate through the Passport Seva portal, as evidenced by Ext.P3. Ext.P2 is the order issued by the Assistant Sessions Court, Karunagappally, permitting the petitioner to obtain a passport valid for a period of three years from 04.08.2025 and to travel abroad for such period. The grievance of the petitioner is that, the application for PCC is not yet considered by the 2nd respondent.

2. Heard the learned counsel for the petitioner, the learned DSGI and the learned Government Pleader.

3. The learned DSGI submits that, since the petitioner is involved in a criminal case, only a customised Police Clearance Certificate can be issued and that too, only on orders from this Court.

4. Having heard the learned counsel for the petitioner and the learned DSGI and perusing Ext.P2 order of the Assistant Sessions Court, Karunagappally, there will be a direction to the 2nd respondent to issue a customised Police Clearance Certificate to the petitioner, mentioning the details of the criminal case pending against him. Needful in this regard shall be done within a period of two weeks from the date of receipt of a copy of this judgment.

The writ petition is disposed of accordingly.

Sd/-

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