Thafseer T S vs Regional Passport Officer
2023 Latest Caselaw 10818 Ker

Citation : 2023 Latest Caselaw 10818 Ker
Judgement Date : 19 October, 2023

Kerala High Court

Thafseer T S vs Regional Passport Officer on 19 October, 2023

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
    THURSDAY, THE 19TH DAY OF OCTOBER 2023 / 27TH ASWINA, 1945
                        WP(C) NO. 34247 OF 2023
PETITIONER/S:

          THAFSEER T S, AGED 24 YEARS
          , S/O SUBAIR, MANNARAVEETTIL HOUSE,
          EDAVANAKKAD, ERNAKULAM-, PIN - 682502

          BY ADVS.
          P.E.SAJAL
          AJAS K.S.



RESPONDENTS:

    1     REGIONAL PASSPORT OFFICER
          REGIONAL PASSPORT OFFICE,
          PANAMPILLY NAGAR, COCHIN, PIN - 682036

    2     MINISTRY OF EXTERNAL AFFAIRS
          REPRESENTED BY ITS SECRETARY GOVERNMENT OF INDIA
          JAWAHAR LAL NEHRU BHAWAN 23-D,
          JANPATH NEW DELHI, PIN - 110011
          R BY ADV.S.MANU, DSGI


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 34247 OF 2023     : 2 :




                          JUDGMENT

The petitioner applied for Police Clearance Certificate

(PCC) to go to Poland and the same was issued as seen from

Ext.P3. The petitioner, therefore, is now planning to go to

Lithuania in view of certain problems in connection with

Visa. The petitioner applied for fresh PCC before the 1 st

respondent vide Ext.P4 to go to Lithuania.

2. The Court, where the criminal case is pending

against the petitioner has issued Ext.P1 order permitting

the petitioner to go abroad for a period of two years.

Accordingly, the petitioner seeks direction to the 1 st

respondent for issuance of PCC to go to Lithuania.

3. Heard the learned counsel for the petitioner and the

learned DSGI.

4. A statement has been filed on behalf of the

respondents wherein it is stated that the 1 st respondent has

not yet considered the said application on the ground that a

review petition in R.P.No.738 of 2023 is pending against the

judgment in W.P.(C) No.9369 of 2023 before this Court,

wherein the review petitioner has challenged the issuance

of PCC, where criminal cases are pending.

5. This Court, in Siju v. Regional Passport Offer has

held in paragraph Nos. 7 and 8 as follows:

" 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 Appendix32 referred to above. This shall be done within a week from today."

6. In view of the said judgment, there will be a

direction to the 1st respondent to issue PCC to the petitioner

pursuant to Ext.P4 application by referring to the criminal

case pending against the petitioner and also Ext.P1 order of

the Court, which has permitted the petitioner to go abroad,

at the earliest, at any rate, within a period of one week from

the date of receipt of a copy of this judgment.

The writ petition is disposed of as above.

Sd/-

MURALI PURUSHOTHAMAN JUDGE SB

APPENDIX

PETITIONER EXHIBITS