An accused may seek a Police Clearance Certificate; rejection must be procedurally fair and grounded in relevant statutory provisions.

JUDGMENT

The prayers in the Writ Petition are as follows:

“a. Issue a writ in the nature of mandamus or any other appropriate writ, order or direction directing the 2^nd respondent to issue Police Clearance Certificate to the petitioner as applied in Exhibit P7; b. Dispense with filing of the translation of vernacular documents; and c. Pass such other orders as this Honourable Court deems fit and proper in the facts and circumstances of the case. ”

2. The petitioner is the accused in Crime No.

50 of 2026 of Aroor Police Station. He is alleged to have committed offences punishable under Section 223 of the Bharatiya Nyaya Sanhita ( BNS ), 2023, Section 15 of the Environment Protection Act , 1986, and Sections 77 (a) and 121 of the Kerala Police Act , 2011. The petitioner applied for a Certificate of Non-Involvement in Offences before respondent No. 2.As the petitioner is involved in the case referred to above, respondent No. 2 rejected the request. The petitioner intends to travel to the Union Territory of Lakshadweep for personal purposes. The petitioner seeks to obtain a Police Clearance Certificate for applying for a permit to travel to the Union Territory of Lakshadweep.

3. The learned Public Prosecutor submitted that respondent No. 2 rightly rejected the request, as the petitioner is involved in a criminal case.

4. As per Section 59 of the Kerala Police Act , 2011, the District Police Chief or the Station House Officer may, on the application of any person, give a certificate to the effect that such person is not involved in any offence, after suitable enquiries.

5. This Court, in WP(Crl). No. 1206 of 2024, observed that an application seeking a Police Clearance Certificate shall not be rejected at the threshold, but the authority may issue a Certificate in the form of Involvement/Non-Involvement in Offences. Based on the directions in WP(Crl). No. 1206 of 2026, the State Police Chief issued Circular No. 3/2025/PHQ dated 09.01.2025, wherein the modalities for applying for a Certificate of Involvement/Non-Involvement in Offences are narrated.

Therefore, the writ petition is disposed of directing respondent No. 2 to issue a certificate styled as “Involvement/Non-Involvement of offences” to the petitioner, if he makes an application to that effect within a period of two weeks from the date of production of a certified copy of this judgment. In the said Certificate, respondent No. 2 shall mention the nature of offences and the details of the cases in which the petitioner is involved, Sd/-