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Analysing the retrieved Case Laws
Scanned Judgements…!
The consistent judicial stance is that a customized PCC, which includes specific criminal case details, is the appropriate document for individuals involved in criminal proceedings, and such issuance is subject to Court directives ["ASWIN KRISHNA vs REGIONAL PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, KOZHIKODE - Kerala"], ["HASSAN FAIJAS vs THE REGIONAL PASSPORT OFFICER - Kerala"], ["SHERSHAH BYJU vs UNION OF INDIA - Kerala"].
Analysis and Conclusion:
References:["KARTHIK BABU S. vs THE REGIONAL PASSPORT OFFICE - Kerala"]["SOJAN THOMAS vs UNION OF INDIA - Kerala"]["SYAMLAL vs THE REGIONAL PASSPORT OFFICER - Kerala"]["RINIL THOMAS vs REGIONAL PASSPORT OFFICER - Kerala"]["ROBERT vs UNION OF INDIA - Kerala"]["BIJU SANKARAN vs EXCISE INSPECTOR, KAYAMKULAM EXCISE OFFICE - Kerala"]["SANTHOSH SHANMUGHAN vs UNION OF INDIA MINISTRY OF EXTERNAL AFFAIRS - Kerala"]["ASWIN KRISHNA vs REGIONAL PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, KOZHIKODE - Kerala"]["ASHIK JACOB MATHEW vs UNION OF INDIA - Kerala"]["IRFAN vs THE SUPERINTENDENT OF POLICE, KOLLAM RURAL - Kerala"]["HASSAN FAIJAS vs THE REGIONAL PASSPORT OFFICER - Kerala"]["ANAND SUNIL KUMAR vs THE PASSPORT OFFICER - Kerala"]["SHERSHAH BYJU vs UNION OF INDIA - Kerala"]["MOHAMED HANEEFA vs THE REGIONAL PASSPORT OFFICER, KOZHIKODE REGIONAL PASSPORT OFFICE - Kerala"]["ATHUL KRISHNA S S vs THE UNION OF INDIA - Kerala"]["Aaromal Vazhappully Manoj vs Regional Passport Officer - Kerala"]
Applying for jobs abroad, immigration, or even certain domestic opportunities often requires a Police Clearance Certificate (PCC). But what if you have pending criminal cases? Can authorities issue a customized PCC that discloses these details without outright denying the certificate? This is a common query: issuance of customised pcc. In this post, we explore judicial interpretations, primarily from Kerala courts, that affirm the permissibility of such customized certificates, promoting transparency while upholding the presumption of innocence.
Disclaimer: This article provides general information based on judicial precedents and is not a substitute for professional legal advice. Consult a qualified lawyer for your specific situation.
A PCC is an official document issued by police authorities certifying an individual's criminal record, or lack thereof, after due verification. Typically, the standard format from the Passport Manual (Appendix-32) states: There is no adverse information against... However, courts have clarified that this is merely a specimen, and customization is allowed—especially when pending cases exist.
Under Section 59 of the Kerala Police Act, 2011, police can issue certificates indicating non-involvement after enquiries. Importantly, the law does not prohibit detailing pending cases, case numbers, offence nature, and involvement status. Courts emphasize that such disclosures benefit applicants by enabling informed decisions by employers or immigration authorities, without prejudice due to the presumption of innocence. BITTU GEEVARGHESE KURIAN S/O GEEVARGHESE VS STATION HOUSE OFFICER, PULIKEEZHU POLICE STATION - 2024 0 Supreme(Ker) 1627
Indian courts, particularly in Kerala, have consistently upheld the issuance of customized PCCs even with pending litigations. Here's a breakdown:
In this case, the court directed authorities to issue a PCC specifying:- Existence of criminal cases- Case numbers, offence types, and court details
The court observed: a certificate reflecting involvement of the accused in a crime would not cause prejudice and could be beneficial. It rejected blanket denials, noting pending cases do not automatically bar issuance, especially pre-trial. BITTU GEEVARGHESE KURIAN S/O GEEVARGHESE VS STATION HOUSE OFFICER, PULIKEEZHU POLICE STATION - 2024 0 Supreme(Ker) 1627
Reiterating the above, the court held that Section 59 does not contemplate issuing only a 'non-involvement' certificate but can include involvement details if necessary. Such customized PCCs promote transparency for employment or travel, serving fairness. Abhirami Girish VS State Of Kerala Represented By Public Prosecutor - 2024 0 Supreme(Ker) 1521
These rulings establish that customized PCCs are lawful, provided they accurately reflect verified facts.
The Passport Manual's specimen format focuses on no adverse information, but courts view it as non-restrictive. Saurav Sen Gupta vs Union of India - Delhi (2023) Customization aligns with transparency principles, aiding stakeholders like employers who need full disclosure for risk assessment. A blanket clean certificate might mislead, while details allow context—e.g., trivial offences or acquittals in progress.
The principle of customized or provisional certificates despite pending issues extends beyond police records. In infrastructure projects, courts have facilitated Provisional Completion Certificates (PCC) for highways under Concession Agreements with NHAI, even amid disputes over incomplete works or non-conformities.
For instance:- In a consortium vs. NHAI dispute, the court issued time-bound directions for PCC issuance, involving experts from the Central Road Research Institute (CRRI) to verify essential works without compromising safety. It emphasized resolving impasses for toll collection and project viability. Soma Isolux Surat Hazira Tollway Private Limited VS National Highways Authority of India - 2015 Supreme(Del) 836- Another case highlighted revenue losses from delayed PCC due to uncompleted Schedule-I tests, directing collective resolution without declaring the project non-performing. Soma Isolux Kishangarh Beawar Tollway Pvt Ltd. VS National Highways Authority of India - 2015 Supreme(Del) 333
These rulings underscore a judicial trend: Courts favor practical, transparent certificate issuance over rigid denials, mirroring police PCC scenarios.
In tax and commercial law, customization appears in defining goods. Courts have held that customized software qualifies as goods if it has utility, is buyable/sellable, and possessable—regardless of tangibility. Infotech Software Dealers Association VS Union of India, Ministry of Finance Department of Revenue, New Delhi - 2010 Supreme(Mad) 3637Antrix Corporation Ltd. Rep by its Accounts Officer VS Assistant Commissioner of Commercial Taxes Bangalore - 2010 Supreme(Kar) 142 Similarly, space segment capacity leases were deemed deemed sales of goods under Article 366(29A)(d), requiring deliverability and control transfer. Antrix Corporation Ltd. Rep by its Accounts Officer VS Assistant Commissioner of Commercial Taxes Bangalore - 2010 Supreme(Kar) 142
While not directly about police PCC, these affirm that customization enhances legal validity and utility across domains.
Issuing customized PCCs balances rights:- Benefits: Enables applications (e.g., visas, jobs) with full disclosure; supports presumption of innocence.- Requirements: Based on proper enquiry; must detail cases accurately to avoid misuse.
Limitations:- Authorities must verify facts meticulously.- Not for suppressing info—transparency is key.- In sensitive cases, courts may intervene if arbitrarily denied.
To streamline processes:1. Applicants: Request customized PCC explicitly, citing relevant judgments. Provide case details upfront.2. Authorities: Adopt standardized formats for involvement disclosures; inform applicants of certificate nature.3. Policymakers: Issue guidelines per court suggestions for consistency. BITTU GEEVARGHESE KURIAN S/O GEEVARGHESE VS STATION HOUSE OFFICER, PULIKEEZHU POLICE STATION - 2024 0 Supreme(Ker) 1627Abhirami Girish VS State Of Kerala Represented By Public Prosecutor - 2024 0 Supreme(Ker) 1521
In summary, while standard PCCs suit clean records, customized versions with case details are judicially endorsed for fairness. This approach ensures informed decisions without undue hardship. Stay informed, and approach authorities confidently with these precedents.
References:1. BITTU GEEVARGHESE KURIAN S/O GEEVARGHESE VS STATION HOUSE OFFICER, PULIKEEZHU POLICE STATION - 2024 0 Supreme(Ker) 1627: Supports PCC with case specifics; no prejudice from disclosure.2. Abhirami Girish VS State Of Kerala Represented By Public Prosecutor - 2024 0 Supreme(Ker) 1521: Section 59 allows involvement details for transparency.3. Saurav Sen Gupta vs Union of India - Delhi (2023): Passport Manual specimen is flexible.4. Other cited cases for contextual analogies.
#CustomizedPCC #PoliceClearance #LegalIndia
The learned DSGI appearing for the respondent would submit that the petitioner is involved in a criminal case and therefore, only a Customised PCC can be issued, and that too only on orders from this Court. ... JUDGMENT The petitioner is aggrieved as the 1st respondent has not considered his request for a Police Clearance Certificate (PCC) st respondent and having perused Exts.P1 and P4, this writ petition is disposed of directing the 1st respondent to issue a Customized PCC to the petitioner also mentioning
JUDGMENT The petitioner is aggrieved as the 2nd respondent has not considered his request for a Police Clearance Certificate (PCC ... learned counsel for the petitioner and the learned DSGI appearing for the 2nd respondent and having perused Ext.P3 order of the Judicial First Class Magistrate – III, N.Paravur , this writ petition is disposed of directing the 2nd respondent to issue a Customized PCC
The learned DSGI appearing for the 1st respondent would submit that the petitioner is involved in a criminal case and therefore, only a Customised PCC can be issued, and that too only on orders from this Court. ... JUDGMENT The petitioner is aggrieved as the 1st respondent has not considered his request for a Police Clearance Certificate (PCC) st respondent and having perused Ext.P3 order of the Judicial First Class Magistrate Court, Chavara, this writ petition is disposed of directing the 1st respondent to issue a Customized ....
JUDGMENT The petitioner is aggrieved as the 1st respondent has not considered his request for a Police Clearance Certificate (PCC ... learned counsel for the petitioner and the learned DSGI appearing for the 1st respondent and having perused Ext.P7 order of the Judicial First Class Magistrate Court, Malappuram, this writ petition is disposed of directing the 1st respondent to issue a Customized PCC
The learned DSGI appearing for the respondents would submit that the petitioner is involved in a criminal case and therefore, only a Customised PCC can be issued, and that too only on orders from this Court. ... JUDGMENT The petitioner is aggrieved as the 2nd respondent has not considered his request for a Police Clearance Certificate (PCC) nd respondent and having perused Ext.P2 order of the Judicial First Class Magistrate-I, Varkala, this writ petition is disposed of directing the 2nd respondent to issue a Customized PCC#HL_....
The learned DSGI appearing for the respondent would submit that the petitioner is involved in a criminal case and therefore, only a Customised PCC can be issued, and that too only on orders from this Court. ... JUDGMENT The petitioner is aggrieved as the 3rd respondent has not considered his request for a Police Clearance Certificate (PCC) rd respondent and having perused Ext.P1 order of the Additional Sessions Court-I, Mavelikkara, this writ petition is disposed of directing the 3rd respondent to issue a Customized PCC#HL_END....
The learned DSGI appearing for the respondent would submit that the petitioner is involved in a criminal case and therefore, only a Customised PCC can be issued, and that too only on orders from this Court. ... J U D G M E N T The petitioner is aggrieved as the 2nd respondent has not considered his request for a Police Clearance Certificate (PCC) nd respondent and having perused Ext.P4 order of the Judicial First Class Magistrate Court, Ambalapuzha, this writ petition is disposed of directing the 2nd respondent to issue a Customized #HL....
J U D G M E N T The petitioner is aggrieved as the 1st respondent has not considered his request for a Police Clearance Certificate (PCC ... learned counsel for the petitioner and the learned DSGI appearing for the 1st respondent and having perused Ext.P2 order of the Judicial First Class Magistrate Court-III, Kozhikode this writ petition is disposed of directing the 1st respondent to issue a Customized PCC
The learned DSGI appearing for the 2nd respondent would submit that the petitioner is involved in a criminal case and therefore, only a Customised PCC can be issued, and that too only on orders from this Court. ... JUDGMENT The petitioner is aggrieved as the 2nd respondent has not considered his request for a Police Clearance Certificate (PCC) nd respondent and having perused Exts.P2 and P3 orders of the Judicial First Class Magistrate Court, Kolencherry, this writ petition is disposed of directing the 2nd respondent to issue a Customiz....
The learned DSGI appearing for the 4th respondent would submit that the petitioner is involved in a criminal case and therefore, only a Customised PCC can be issued, and that too only on orders from this Court. ... JUDGMENT The petitioner is aggrieved as the 4th respondent has not considered his request for a Police Clearance Certificate (PCC ... Having heard the learned counsel for the petitioner and the learned DSGI appearing for the 4th respondent and having perused Ext.P2 order of the Assistant Sessions Court, Kollam, this writ petit....
Further, it is used by foreign countries to process long term immigration requests of applicants who, inter alia, desire to apply for permanent residency. Issuance of PCC indicates absence of criminality or any criminal antecedent of an applicant/petitioner.
On 25th January 2014, it notified the IE that it completed 113.185 kms out of 132.91 km of the project highway and that the completed stretches could be safely and reliably put to commercial operation. It is stated that on 22nd January 2014, the IE had requested the Petitioner to identify the stretch of 75% of the total length so as to make preliminary arrangements for test. According to the Petitioner at the joint inspection conducted between 17th and 21st February 2014, it was verified and confirmed that 103.037 The Petitioner requested IE to take the necessary actions for issuan....
It noted that the PD had recommended the proposal for issuance of the PCC. Article 14.3 of the CA, which concerns the issuance of the PCC reads as under: “14.3 Provisional Certificate In para 16 it was noted that PD/IE had submitted that “any due rectification will not affect safe and reliable operation of the highway." The Petitioner requested the IE to “determine/conclude the Schedule-I Tests already witnessed/ performed.” There was loss of revenue on account of toll fee collection not having already been commenced. The Safety Audit Checklist for issuance of PCC....
If a software whether customised or non-customised satisfies these attributes, the same would be goods. His Lordship also observed that under Article 366(12) of the Constitution of India, the goods include all materials, commodities and articles. Unlike the American courts, the Supreme Court of India has also not gone into the question of severability. It would become goods provided it has the attributes thereof having regard to (a) its utility; (b) capable of being bought and sold; and (c) capable of being transmitted, transferred, delivered, stored and possessed.
If a software whether customised or non-customised satisfies these attributes, the same would be goods.” It would become goods provided it has the attributes thereof having regard to (a) its utility; (b) capable of being bought and sold and (c) capable of being transmitted, transferred, delivered, stored and possessed.
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