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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MURALI PURUSHOTHAMAN, J
ANSAF – Appellant
Versus
UNION OF INDIA – Respondent
| Table of Content |
|---|
| 1. petitioner's request for travel clearance due to criminal case. (Para 1 , 2) |
| 2. government's stance on issuing clearance amidst criminal charges. (Para 3) |
| 3. court's interpretation of travel rights despite criminal proceedings. (Para 4) |
| 4. court's directive to issue police clearance with conditions. (Para 5) |
JUDGMENT
The petitioner, who is the holder of an Indian Passport, desires to go abroad for employment purpose. He is aggrieved by non-issuance of the Police Clearance Certificate by the 2nd respondent. The petitioner states that he is an accused in C.C.No.46 of 2021 pending trial before the Judicial First Class Magistrate’s Court-I, Varkala.
2. The petitioner has submitted an application for Police Clearance Certificate as evidenced by Ext.P2.
3. The learned Deputy Solicitor General of India appearing for the 2nd respondent submitted that the petitioner is involved in a criminal case and therefore, only a customized Police Clearance Certificate can be issued and that too, only on orders from this Court.
4. This Court, in Siju v. Regional Passport Officer (2021 KHC 1002), has held that even if there is a criminal case pending, one is entitled to travel abroad with t
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