Kerala High Court
Imthiaz.V.P vs Union Of India on 11 April, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 11TH DAY OF APRIL 2024/22ND CHAITHRA, 1946
WP(C) NO. 15197 OF 2024
PETITIONER:
IMTHIAZ V.P.,
AGED 45 YEARS,
VALERIANPARAMBIL HOUSE,
SIDDIKKABAD, STREET NO.16,
MATTOOL NORTH,
KANNUR DISTRICT, PIN - 670325
BY ADVS.
P.P.NIYAS
C.H.ABDUL RASAC
RESPONDENTS:
1 UNION OF INDIA,
REPRESENTED BY THE SECRETARY MINISTRY OF
EXTERNAL AFFAIRS,
SOUTH BLOCK GOVERNMENT OF INDIA,
NEW DELHI, PIN - 110001
2 THE REGIONAL PASSPORT OFFICER,
PASSPORT OFFICE, KOZHIKODE,
ERANHIPALAM P.O,
KOZHIKODE DISTRICT, PIN - 673006
3 THE STATION HOUSE OFFICER,
PAZHAYANGADI POLICE STATION,
PAZHAYANGADI,
KANNUR DISTRICT, PIN - 670303
BY ADVS.
SRI.T.C.KRISHNA, CGC
SMT.REKHA C NAIR, SR. GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 11.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.15197/2024
:2:
JUDGMENT
Dated this the 11th day of April, 2024 The petitioner is aggrieved by the action of the 2 nd respondent-Regional Passport Officer in refusing to consider the application of the petitioner for Police Clearance Certificate.
2. The petitioner states that he hols an Indian Passport and is working abroad for the last more than 25 years. The petitioner's Passport was renewed for a period of ten years from 21.12.2023. However, the petitioner's Passport was later impounded for the reason that the petitioner is involved in M.C.No.142 of 2023 on the files of JFCM-1, Payyannur. The M.C. is filed by the wife of the petitioner alleging matrimonial disputes. No crime is pending against the petitioner.
3. The Passport was released later. The petitioner got a job Visa from Kuwait and to go to Kuwait, the petitioner W.P.(C) No.15197/2024 :3: requires a Police Clearance Certificate. Counsel for the petitioner submitted that in view of the judgment of this Court in Siju v. Regional Passport Officer (2021 SCC Online Ker 9667), the petitioner is entitled to get a Police Clearance Certificate even though a crime is pending against the petitioner.
4. Central Government Counsel submitted that taking into consideration the judgment of this Court in Siju v. Regional Passport Officer (supra), the petitioner's application for Police Clearance Certificate can be considered and the petitioner can be issued with a customised Police Clearance Certificate incorporating the particulars of the criminal case pending against the petitioner, if all other parameters are satisfied.
Taking into consideration the law laid down by this Court in Siju v. Regional Passport Officer (supra), the writ petition is disposed of directing the 2 nd respondent-Regional Passport Officer to process the application for issuance of customised Police Clearance Certificate and conclude the W.P.(C) No.15197/2024 :4: proceedings taking note of the judgment of this Court in Siju v. Regional Passport Officer (supra) and take appropriate decision thereon, within a period of three weeks.
Sd/-
N. NAGARESH JUDGE SR W.P.(C) No.15197/2024 :5: APPENDIX OF WP(C) 15197/2024 PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF THE RENEWED PASSPORT OF THE PETITIONER Exhibit P2 TRUE COPY OF THE JUDGMENT DATED 12.03.2024 IN WPC NO.8564/2024 Exhibit P3 TRUE COPY OF THE VISA ISSUED TO THE PETITIONER Exhibit P4 TRUE COPY OF THE COMMUNICATION DATED 02.04.2024 ISSUED BY THE 2ND RESPONDENT Exhibit P5 TRUE COPY OF THE M.C.NO.142/2023 ON THE FILES OF THE JFCM-1, PAYYANNUR.