Kerala High Court
Prasanth vs Union Of India on 11 January, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 11TH DAY OF JANUARY 2022 / 21ST POUSHA, 1943
WP(C) NO. 28733 OF 2021
PETITIONER:
PRASANTH
AGED 33 YEARS, S/O MURALI,
RESIDING IN THE ADDRESS VENMANATT HOUSE,
MATTATHUR VILLAGE DESOM, MATTATHUR.P.O,
THRISSUR DISTRICT-680684.
BY ADV G.SREEKUMAR (CHELUR)
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
MINISTRY OF EXTERNAL AFFAIRS,
ROOM NO.4095, B WING,
JAWAHARLAL NEHRU BHAWAN, 23-D,
JANPATH, NEW DELHI-110011.
2 THE SECRETARY TO THE GOVERNMENT
HOME DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM.P.O,
THIRUVANANTHAPURAM DISTRICT-695001.
3 THE SUPERINTENDENT OF POLICE
OFFICE OF THE SUPERINTENDENT OF POLICE,
THRISSUR HEAD QUARTERS, THRISSUR.P.O,
THRISSUR DISTRICT-680001
4 THE SUB INSPECTOR OF POLICE,
KORATTI POLICE STATION, KORATTI.P.O,
THRISSUR DISTRICT-680308.
5 THE SUB INSPECTOR OF POLICE,
KODAKARA POLICE STATION, KODAKARA.P.O,
W.P.(C) No.28733/21
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THRISSUR DISTRICT-680684.
6 THE PASSPORT OFFICER,
OFFICE OF THE PASSPORT OFFICER,
REGIONAL PASSPORT OFFICE,
PANAMPILLY NAGAR.P.O,
ERNAKULAM DISTRICT-682036.
R1 & R6 BY ADV MANU S., ASG OF INDIA
R2 TO R5 BY ADV.SABEENA P.ISMAIL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 11.01.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.28733/21
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BECHU KURIAN THOMAS, J.
--------------------------------
W.P.(C) No.28733 of 2021
--------------------------------
Dated this the 11th day of January, 2022
JUDGMENT
Petitioner holds an Indian Passport bearing No.P 5256697. He
challenges Ext.P5 and also seeks for issuance of a Police Clearance
Certificate from the 3rd respondent to take up employment abroad.
2. Issuing a Police Clearance Certificate is a miscellaneous
service provided by the authorities under the Passports Act, 1967.
The Police Clearance Certificate sought for by the petitioner was not
considered by the respondents and his application was closed by
Ext.P5. The reason for declining the clearance certificate is the
pendency of C.C. No.694 of 2018 before the Judicial First Class
Magistrate Court, Chalakkudy against the petitioner. The contention
of the petitioner is that the criminal case against him is foisted
without any basis and no offence is actually evident from the
allegations even. According to the petitioner, the learned Magistrate
has not only granted permission to the petitioner for going abroad for
one year but had also granted exemption from personal appearance
in court. Hence, petitioner contends that he ought to have been
issued with the Police Clearance Certificate for employment purposes.
W.P.(C) No.28733/21
3. Heard Sri.G.Sreekumar Chelur, the learned counsel for the
petitioner, Sri.S.Manu, the learned Assistant Solicitor General of India
for respondents 1 and 6 as well as Adv.Sabeena P.Ismail, the learned
Government Pleader for respondents 2 to 5.
4. The learned ASGI, relying on Chapter 14 of the Passport
Manual 2010, pointed out that a Police Clearance Certificate is insisted
for going abroad to satisfy that there is no police case against the
person concerned and that therefore, the same can be issued by the
respondent only on receipt of a clear police report. According to the
learned ASGI, since there is admittedly a criminal case pending
against the petitioner, Police Clearance Certificate cannot be issued to
the petitioner. Relying upon Appendix-32 of the Passport Manual, it
was contended that Police Clearance Certificates are issued by the
authorities under the Passports Act in the specimen contained in
Appendix-32 and the said Certificate cannot be issued in the said
specimen, when there is a criminal case against the person
concerned.
5. The specimen Police Clearance Certificate contained in
Appendix-32 of the Passport Manual reads thus:
Appendix-32
(Ref. para 2.1 Chapter-14)
Specimen PCC format for Indian Passport holders
(to be issued on official letter head)
W.P.(C) No.28733/21
"There is no adverse information against Mr./Mrs./Miss ............... , holder of
Indian Passport No. .............. issued at .......... on ........ which would render
him/her ineligible for the grant of travel facilities including visa for ......... (name of
the country).
Rubber Stamp of office of issue. Signature of Passport Authority.
6. It is evident from the specimen referred to above that a
person is entitled to Police Clearance Certificate, 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 though not a reason which would render a person
ineligible for travel abroad, it is still an adverse information. The
requirement of law is that if there is a criminal case pending, passport
can be obtained only with the permission of the court before which
the case is pending. Petitioner already has a valid passport. Since
the Magistrate has granted permission to the petitioner in C.C.
No.694 of 2018 on the file of the Judicial First Class Magistrate Court,
Chalakkudy to travel abroad and even exempted him from personal
appearance, the issue boils down to the clearance certificate of the
police alone.
7. In view of the above, notwithstanding the pendency of C.C.
No.694 of 2018 before the Judicial First Class Magistrate Court,
Chalakkudy there is no bar in issuing a police clearance certificate to
the petitioner. Since petitioner holds a valid passport and the learned
W.P.(C) No.28733/21
Magistrate has granted permission to travel, it fails all logic to refuse
to issue him a police clearance certificate by the Passport Authorities
mentioning the adverse information.
8. In such circumstances, there will be a direction to the 6 th
respondent to issue a Police Clearance Certificate to the petitioner,
stating that there is a criminal case pending against the petitioner in
which permission has been granted to travel abroad for one year.
Such a certificate can be issued by making appropriate changes in the
specimen contained in Appendix-32 referred to above. This shall be
done within two weeks from the date of receipt of a copy of this
judgment. To enable such a consideration, Ext.P5 shall stand set
aside and the application of the petitioner shall stand revived
Petitioner shall produce the permission issued by the learned
Magistrate before the 6th respondent for necessary action.
The writ petition is disposed of as above.
Sd/-
BECHU KURIAN THOMAS
JUDGE
vps
W.P.(C) No.28733/21
APPENDIX OF WP(C) 28733/2021
PETITIONER'S/S' EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE RELEVANT PAGE ENTRY
OF THE PASSPORT ISSUED TO THE PETITIONER
DATED 19.12.16 BY THE PASSPORT OFFICER,
ERNAKULAM.
EXHIBIT P2 A TRUE COPY OF THE LINE APPLICATION
SUBMITTED BY THE PETITIONER FOR PCC
APPLICATION FORM, APPLICATION DATED
25.11.21.
EXHIBIT P3 A TRUE COPY OF THE ORDER PASSED BY THE
JFCM, CHALAKUDY DATED 27.11.21.
EXHIBIT P4 A TRUE COPY OF THE JUDGMENT REPORTED IN
2021(5)KHC 531 DATED 30.9.2021 OF THIS
HON'BLE COURT.
EXHIBIT P5 A TRUE COPY OF THE COMMUNICATION THAT
THE PETITIONER HAS RECEIVED DATED
6.12.2021.
EXHIBIT P6 A TRUE COPY OF THE PETITION FILED IN
C.C.NO.694 OF 2018 DATED 20.12.2021
EXHIBIT P7 A TRUE COY OF THE ORDER IN
CRL.M.P.NO.7674 OF 2021 IN C.C.NO.694 OF
2018 DATED 22.12.2021
