Kerala High Court
Jithin James vs The State Of Kerala on 26 August, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
FRIDAY, THE 26TH DAY OF AUGUST 2022 / 4TH BHADRA, 1944
WP(C) NO. 27559 OF 2022
PETITIONER/S:
JITHIN JAMES
AGED 29 YEARS
S/O P.V JAMES, 15/107-B, PULICKAL HOUSE, A.K XAVIER ROAD,
CHEMMEENS, THOPPUMPADY S.O, ERNAKULAM DISTRICT, PIN -
682005
BY ADVS.
ARUN ASHOK
NEENA JAMES
RESPONDENT/S:
1 THE STATE OF KERALA
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, HOME
DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001
2 THE DISTRICT POLICE CHIEF, DISTRICT POLICE OFFICE
SH 16, OPP. POWER HOUSE, ALUVA, ERNAKULAM DISTRICT,
KERALA, PIN - 683101
3 THE STATION HOUSE OFFICER
THOPPUMPADY POLICE STATION, ERNAKULAM DISTRICT, PIN -
682005
4 REGIONAL PASSPORT OFFICER
SHIHAB THANGAL ROAD, NEAR IDBI CORPORATE BRANCH,
PANAMPILLY NAGAR, KOCHI, PIN - 682036
BY ADVS.
GOVERNMENT PLEADER
S.MANU
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 27559 OF 2022
2
JUDGMENT
The petitioner herein is an Indian citizen, currently employed at the
Republic of Malta and his wife is a nurse employed at United Kingdom. The
petitioner, intending to join his wife at United Kingdom on spouse visa had
applied for Police Clearance Certificate(PCC) through Ext P1 dated
28.07.2022 before the fourth respondent, Regional Passport Officer, Kochi.
The fourth respondent forwarded the application Ext.P1 to second
respondent, The District Police Chief, Ernakulam which is now being
delayed causing the petitioner to approach this Honourable Court.
Admittedly the petitioner herein is arrayed a sole accused in crime
no. 1637 of 2019 of Thoppumpady police station in which alleged offences
are under sections 279, 337,338,304(A) of Indian Penal Code. The fourth
respondent has not taken a decision till day and the petitioner was orally
informed by the third respondent that his application will be dismissed on
reason that he is involved in a crime and he omitted to incorporate the
crime details in his application Ext. P1.
2. Learned counsel appearing for the petitioner contended that
there was no willful negligence on part of the petitioner in not
incorporating the crime details in Ext.P1 application and the same is rather
a mistake and on that behalf petitioner is preferring to file an affidavit
before the fourth respondent to cure the defects in Ext.P1 application.
Moreover, the counsel for the petitioner relied upon this Honourable
WP(C) NO. 27559 OF 2022
Court's judgements in writ petitions 12745/2022, 12002/2021 which has
been produced as Exts P2 and P3.
3. Learned counsel for the respondents would contend that
Appendix-32, Chapter-14 of Passport Manual states to not issue the Police
Clearance Certificate when there is a criminal case pending against the
applicant.
4. I have heard the counsel for the parties and appraised the
paper book.
5. It is evident from the specimen Police Clearance Certificate
that a person is entitled, only if there is no adverse information which
would render him/her ineligible for grant of travel facilities. There is no
dispute to the fact that the pendency of a criminal case is not a reason
which would render a person ineligible for grant of travel facilities in
India. Moreover this court cannot be inadvertent to its previous
judgements in various writ petitions and Jayan v. Union of India (2018 (4)
KLT 1077) wherein it was observed that mere registration of a crime does
not invoke either sections 6 or 7 of the Passports Act. In my view it
appears omission of duty on part of the second and fourth respondent in
delaying the process and rejecting the application of the petitioner for
Police Clearance Certificate.
In such circumstances, there will be a direction to the 4 th
respondent to issue Police Clearance Certificate to the petitioner stating
WP(C) NO. 27559 OF 2022
that there is a criminal case pending against the petitioner and that the
criminal court has permitted the petitioner to go abroad to pursue his
employment. Such a certificate can be issued by making appropriate
changes in the specimen contained in Appendix -32 referred to above.
Writ petition stands allowed with the above mentioned direction.
Sd/-
sab AMIT RAWAL
JUDGE
WP(C) NO. 27559 OF 2022
APPENDIX OF WP(C) 27559/2022
PETITIONER EXHIBITS
Exhibit-P1 A TRUE COPY OF THE APPLICATION FOR POLICE
CLEARANCE CERTIFICATE (PCC) DATED 28-07-
Exhibit-P2 A TRUE COPY OF THE ORDER OF THIS HON'BLE
COURT IN W.P(C) NO. 12745 OF 2022 DATED
26-04-2022
Exhibit-P3 A TRUE COPY OF THE ORDER OF THIS HON'BLE
COURT IN W.P (C) NO. 12002 OF 2021 DATED
10-06-2021
