Kerala High Court
Imthiaz.V.P vs Union Of India on 11 April, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 11TH DAY OF APRIL 2024/22ND CHAITHRA, 1946
WP(C) NO. 15197 OF 2024
PETITIONER:
IMTHIAZ V.P.,
AGED 45 YEARS,
VALERIANPARAMBIL HOUSE,
SIDDIKKABAD, STREET NO.16,
MATTOOL NORTH,
KANNUR DISTRICT, PIN - 670325
BY ADVS.
P.P.NIYAS
C.H.ABDUL RASAC
RESPONDENTS:
1 UNION OF INDIA,
REPRESENTED BY THE SECRETARY MINISTRY OF
EXTERNAL AFFAIRS,
SOUTH BLOCK GOVERNMENT OF INDIA,
NEW DELHI, PIN - 110001
2 THE REGIONAL PASSPORT OFFICER,
PASSPORT OFFICE, KOZHIKODE,
ERANHIPALAM P.O,
KOZHIKODE DISTRICT, PIN - 673006
3 THE STATION HOUSE OFFICER,
PAZHAYANGADI POLICE STATION,
PAZHAYANGADI,
KANNUR DISTRICT, PIN - 670303
BY ADVS.
SRI.T.C.KRISHNA, CGC
SMT.REKHA C NAIR, SR. GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 11.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.15197/2024
:2:
JUDGMENT
Dated this the 11th day of April, 2024
The petitioner is aggrieved by the action of the 2 nd
respondent-Regional Passport Officer in refusing to consider
the application of the petitioner for Police Clearance
Certificate.
2. The petitioner states that he hols an Indian
Passport and is working abroad for the last more than 25
years. The petitioner's Passport was renewed for a period of
ten years from 21.12.2023. However, the petitioner's
Passport was later impounded for the reason that the
petitioner is involved in M.C.No.142 of 2023 on the files of
JFCM-1, Payyannur. The M.C. is filed by the wife of the
petitioner alleging matrimonial disputes. No crime is pending
against the petitioner.
3. The Passport was released later. The petitioner
got a job Visa from Kuwait and to go to Kuwait, the petitioner
requires a Police Clearance Certificate. Counsel for the
petitioner submitted that in view of the judgment of this Court
in Siju v. Regional Passport Officer (2021 SCC Online Ker
9667), the petitioner is entitled to get a Police Clearance
Certificate even though a crime is pending against the
petitioner.
4. Central Government Counsel submitted that
taking into consideration the judgment of this Court in Siju v.
Regional Passport Officer (supra), the petitioner's
application for Police Clearance Certificate can be
considered and the petitioner can be issued with a
customised Police Clearance Certificate incorporating the
particulars of the criminal case pending against the
petitioner, if all other parameters are satisfied.
Taking into consideration the law laid down by this
Court in Siju v. Regional Passport Officer (supra), the writ
petition is disposed of directing the 2 nd respondent-Regional
Passport Officer to process the application for issuance of
customised Police Clearance Certificate and conclude the
proceedings taking note of the judgment of this Court in Siju
v. Regional Passport Officer (supra) and take appropriate
decision thereon, within a period of three weeks.
Sd/-
N. NAGARESH
JUDGE
SR
APPENDIX OF WP(C) 15197/2024
PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF THE
RENEWED PASSPORT OF THE PETITIONER
Exhibit P2 TRUE COPY OF THE JUDGMENT DATED
12.03.2024 IN WPC NO.8564/2024
Exhibit P3 TRUE COPY OF THE VISA ISSUED TO THE
PETITIONER
Exhibit P4 TRUE COPY OF THE COMMUNICATION DATED
02.04.2024 ISSUED BY THE 2ND
RESPONDENT
Exhibit P5 TRUE COPY OF THE M.C.NO.142/2023 ON
THE FILES OF THE JFCM-1, PAYYANNUR.
