Sibi Sivanandan vs State Of Kerala
2023 Latest Caselaw 11497 Ker

Citation : 2023 Latest Caselaw 11497 Ker
Judgement Date : 8 November, 2023

Kerala High Court

Sibi Sivanandan vs State Of Kerala on 8 November, 2023

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
        THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
WEDNESDAY, THE 8TH DAY OF NOVEMBER 2023/17TH KARTHIKA, 1945
                    WP(C) NO.37031 OF 2023
PETITIONER:

           SIBI SIVANANDAN, AGED 26 YEARS, S/O.SIVANANDAN,
           RESIDING AT THEKKUMKARA PUTHEN VEEDU, KOONAYIL,
           PARAVOOR P.O, PARAVOOR, KOLLAM DISTRICT,
           PIN - 691301
           BY ADVS.
           J.R.PREM NAVAZ
           SUMEEN S.
           MUHAMMED SWADIQ


RESPONDENTS:

    1      STATE OF KERALA REPRESENTED BY THE ADDITIONAL
           SECRETARY TO GOVERNMENT, DEPARTMENT OF HOME AND
           VIGILANCE, GOVERNMENT SECRETARIAT,
           THIRUVANANTHAPURAM, PIN - 695001
    2      THE STATE POLICE CHIEF,
           OFFICE AT POLICE HEAD QUARTERS, VAZHUTHACAUAD,
           THIRUVANANTHAPURAM, PIN - 695034
    3      THE DISTRICT POLICE CHIEF,
           THIRUVANANTHAPURAM RURAL, AT UNIVERSITY OF KERALA
           SENATE HOUSE CAMPUS, PALAYAM, THIRUVANANTHAPURAM,
           KERALA, PIN - 695033
    4      THE REGIONAL PASSPORT OFFICER
           REGIONAL PASSPORT OFFICE, THIRUVANANTHAPURAM,
           SNSM BUILDING, KARALKADA JUNCTION, PETTAH P.O,
           THIRUVANANTHAPURAM DISTRICT, PIN - 695024
    5      STATION HOUSE OFFICER, CITY TRAFFIC POLICE
           STATION, THIRUVANANTHAPURAM DISTRICT, PIN- 682018
           BY ADVS.MANU S., DSG OF INDIA
           SMT.DEEPA NARAYANAN, SR.GOVERNMENT PLEADER

     THIS WRIT PETITION       (CIVIL) HAVING COME UP        FOR
ADMISSION ON 08.11.2023,      THE COURT ON THE SAME         DAY
DELIVERED THE FOLLOWING:
 WP(C) No.37031 of 2023                 2




                                 JUDGMENT

The petitioner, with an intention of

travelling abroad, has applied for a police

clearance certificate before the 4th respondent,

the Regional Passport Officer. The 4th respondent,

vide Ext.P1 communication, informed the petitioner

that as per the police verification report, the

petitioner is an accused in a case pending before

the Judicial First Class Magistrate Court-I,

Thiruvananthapuram as C.C.No.1401 of 2015 and

therefore, requested to furnish proof of clearance

of case for issuance of police clearance

certificate. The petitioner submits that the 4th

respondent is bound to issue police clearance

certificate specifying the aforesaid criminal

case. Accordingly, the petitioner has approached

this Court for a direction to the 4 th respondent to

issue police clearance certificate, within a time

frame.

2. Heard the learned counsel for the

petitioners, the learned DSGI and the learned

Senior Government Pleader appearing for the

respondents.

3. This Court, in Siju v. Regional Passport

Officer [2023 KHC Online 254] has observed as

follows:

"6. It is relevant to note that this Court had in Jayan v. Union of India [2018 (4) KLT 1077] observed that mere registration of a crime does not invoke either S.6 or S.10 of the Passports Act.

7. In view of the above, notwithstanding the crime registered against the petitioner as Crime No.187/2021, there is no bar in issuing a Passport to the petitioner. This is on account of two reasons (i) No "criminal proceedings" are pending in any court as contemplated under law, and (ii) even if it is deemed to be pending, since the petitioner has obtained permission from the Magistrate's

Court, he can be issued with a valid Passport. If petitioner can be issued with a Passport, then it fails all logic to refuse to issue him a police clearance certificate by the Passport Authorities.

8. In such circumstances, there will be a direction to the respondent to issue Police Clearance Certificate to the petitioner, stating 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. This shall be done within a week from today."

4. In the light of the said decision,

particularly paragraph 8 thereof, there will be a

direction to the 4th respondent to issue police

clearance certificate to the petitioner referring

to the aforesaid crime, pending against the

petitioner, as expeditiously as possible, at any

rate, within a period of two weeks from the date

of receipt of a certified copy of this judgment.

The writ petition is disposed of.

Sd/-

MURALI PURUSHOTHAMAN JUDGE

sp/08/11/2023