Kerala High Court
Devin Yesudasan vs Union Of India on 30 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 30TH DAY OF SEPTEMBER 2021 / 8TH ASWINA, 1943
WP(C) NO. 19866 OF 2021
PETITIONER:
DEVIN YESUDASAN
AGED 29 YEARS, S/O.YESUDASAN,
KAROTTU VEEDU,
KAKKOTTUMOOLA, MAYYANAD P.O.,
KOLLAM.
BY ADV B.MOHAN LAL
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
MINISTRY OF EXTERNAL AFFAIRS,
CENTRAL SECRETARIAT, RAJ PATH AREA,
JAN PATH ROAD, 23-D,
NEW DELHI-110011.
2 THE REGIONAL PASSPORT OFFICER,
S.N.S.M BUILDING, KARALAKADA JUNCTION,
KAITHAMUKKU,
THIRUVANANTHAPURAM-695024.
3 THE STATION HOUSE OFFICER
ERAVIPURAM POLICE STATION,
ERAVIPURAM P.O.,
KOLLAM-695011.
4 THE CITY POLICE COMMISSIONER,
KOLLAM CITY,
KOLLAM-691001.
BY ADV SHRI.P.VIJAYAKUMAR, ASG OF INDIA
W.P.(C) No.19866/21
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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 30.09.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No.19866/21
-:3:-
BECHU KURIAN THOMAS, J.
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W.P.(C) No.19866 of 2021
----------------------------------------
Dated this the 30th day of September, 2021
JUDGMENT
Petitioner seeks for a direction to the 2 nd respondent to issue a
Police Clearance Certificate to the petitioner to go abroad in the light
of similar judgments of this Court, especially of that in W.P.(C)
No.25839 of 2016.
2. Petitioner seeks employment in Hungary and had obtained
Ext.P2 clearance certificate from the 2nd respondent for attending the
interview. Though in the said clearance certificate there was no
mention of any crime, subsequently when petitioner applied for a
fresh Police Clearance Certificate after obtaining employment, it was
informed that petitioner is arrayed as the 3 rd accused in Crime
No.659 of 2014 of Eravipuram Police Station, which is now pending
consideration on the files of the Judicial Magistrate of First Class-II,
Kollam, as C.C. No.1198 of 2014 .
3. On getting the aforesaid information, petitioner approached
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the Magistrate's court and obtained Ext.P4 order permitting the
petitioner to travel abroad for a period of two years. The learned
Magistrate had also directed issuance of a Police Clearance
Certificate on the conditions mentioned therein.
4. It is the case of the petitioner that pursuant to Ext.P4
order, the application submitted by the petitioner for Police Clearance
Certificate was rejected by Ext.P5, stating that in W.P.(C) No.22002
of 2019, this Court had in a similar case directed denial of Police
Clearance Certificate solely on the strength of an order of the
Magistrate Court because the said order establishes without doubt
that the petitioner is still arrayed as an accused in a criminal case
and the passport officer will be incapacitated from issuing Police
Clearance Certificate.
5. The learned counsel for the petitioner relies upon the
decisions in W.P.(C) No.25839 of 2016 and similar other cases
wherein this Court had categorically held that the Police Clearance
Certificate can be issued specifying that the petitioner is arrayed as
an accused by making appropriate changes in the specimen
contained in Appendix-32 of the Passport Manual.
6. I have heard Adv.B.Mohan Lal, learned counsel for the
W.P.(C) No.19866/21
petitioner as well as Adv.Jaisankar V. Nair, learned Central
Government Counsel on behalf of the respondents.
7. On a consideration of the contentions raised, it is evident
that the petitioner had obtained permission from the learned
Magistrate before whom the criminal case is pending consideration.
This Court, in Ext.P9 judgment (W.P.(C) No.25839 of 2016), had held
that the Police Clearance Certificate can be issued stating that a
criminal case is pending when the criminal court has permitted the
accused to go abroad to pursue his employment. It was also
directed in the said judgment that the certificate can be issued by
making appropriate changes in the specimen contained in Appendix-
32 of the Passport Manual.
8. It is brought to my attention that a Division Bench of this
Court had in W.A. No.1886 of 2016 affirmed the judgment in W.P.(C)
No.25839 of 2016. In view of the aforesaid affirmation of judgment
in W.P.(C) No.25839 of 2016, the judgment in W.P.(C) No.22002 of
2019 (Ext.P6) is rendered per incuriam and cannot be followed.
9. Once the Division Bench had affirmed the judgment in W.P.
(C)No.25839 of 2016, it is necessary that the passport issuing
authority follows the judgment in W.P.(C) No.25839 of 2016 and not
W.P.(C) No.19866/21
detract from the same by referring to another Single Bench
judgment..
10. Accordingly, Ext.P5 order shall stand set aside. There will
be a direction to the 2nd respondent to issue Police Clearance
Certificate to the petitioner stating that a criminal case is pending
against the petitioner and that the criminal court has permitted toe
petitioner to go abroad to pursue his employment, which can be
issued to the petitioner by making appropriate changes in the
specimen contained in Appendix-32 of the specimen Police
Clearance Certificate Form for Indian passport holders, as
mentioned in the Passport Manual. The aforesaid clearance
certificate shall be issued to the petitioner by the 2 nd respondent,
within a period of two weeks from the date of receipt of a copy of this
judgment.
The writ petition is allowed as above.
Sd/-
BECHU KURIAN THOMAS
JUDGE
vps
W.P.(C) No.19866/21
APPENDIX OF WP(C) 19866/2021
PETITIONER'S/S' EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE RELEVANT PAGES OF
THE PASSPORT OF THE PETITIONER.
EXHIBIT P2 THE TRUE COPY OF THE POLICE CLEARANCE
CERTIFICATE IN FILE NO.TV1086614726921
DATED 01.02.2021 ISSUED BY THE 2ND
RESPONDENT TO THE PETITIONER.
EXHIBIT P3 THE TRUE COPY OF THE ONLINE REPORT AND
THE APPLICATION FORM ISSUED BY THE
PASSPORT OFFICER, NEYYATTINKARA TO THE
PETITIONER.
EXHIBIT P4 THE TRUE COPY OF THE ORDER IN
C.M.P.NO.1076/2021 IN C.C.NO.1198/2014
DATED 09.09.2021 OF THE JUDICIAL FIRST
CLASS MAGISTRATE COURT-II, KOLLAM.
EXHIBIT P5 THE TRUE COPY OF THE ORDER
NO.TV3096632373521 DATED 17.09.2021 BY
THE 3RD RESPONDENT TO THE PETITIONER.
EXHIBIT P6 THE TRUE COPY OF THE JUDGMENT IN
W.P(C)NO.22002/2019 DATED 19.08.2019 OF
THIS HON'BLE COURT.
EXHIBIT P7 THE TRUE COPY OF THE ORDER GSR 570(E)
DATED 25.08.1993 ISSUED BY THE 1ST
RESPONDENT.
EXHIBIT P8 THE TRUE COPY OF THE CIRCULAR
NO.V.I/401/1/3/2014 DATED 21.08.2014
ISSUED BY THE JOINT SECRETARY, MINISTRY
OF EXTERNAL AFFAIRS, CPV DIVISION (PSP)
AND CHIEF PASSPORT OFFICER.
EXHIBIT P9 THE TRUE COPY OF THE JUDGMENT IN
W.P(C)NO.25839/2016 DATED 08.08.2016 OF
THIS HON'BLE COURT.
W.P.(C) No.19866/21
EXHIBIT P10 THE TRUE COPY OF THE JUDGMENT IN
W.P(C)NO.28275/2019 DATED 04.11.2019 OF
THIS HON'BLE COURT.
EXHIBIT P11 THE TRUE COPY OF THE JUDGMENT IN
W.P(C)NO.29316/2019 DATED 12.11.2019 OF
THIS HON'BLE COURT.
W.P.(C) No.19866/21
