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Judgment
P.V.Kunhikrishnan, J.
This writ petition is filed with following prayers:
i. Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to issue police clearance certificate to the petitioner so as to enable the petitioner to process visa formalities for securing employment abroad.
ii. Issue such other writ, order or direction as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.
(SIC)
Petitioner is having a valid passport, as evident by Ext.P1. It is the case of the petitioner that he has received an offer of employment as Loading Team Supervisor in Qatar Aviation Services, Qatar. The Police Clearance Certificate (PCC) to process his visa sought by the petitioner was earlier declined by the 1st respondent as per Ext.P4 stating that a criminal case is pending against him before the Judicial First Class Magistrate Court-II, Kannur. After the renewal of the passport as permitted by the court below, it is submitted that the petitioner again made an application for PCC before the 1st respondent. Ext.P5 is the application. It is the case of the petitioner that the authorities have informed him orally that his PCC will be rejected because a case is pending against him before criminal court. It is the further case of the petitioner that he already approached the Judicial First Class Magistrate Court-II, Kannur, seeking permission to go abroad and the same is allowed as per order in C.M.P.No.2484/2022. The counsel submitted that the petitioner is ready to produce the same before the authority concerned.
If that is the case, this writ petition itself can be disposed of in the light of the judgment dated 16.09.2021 in W.P.(C). No.17204/2021. This Court, after considering the passport manual, passed an order in the above case. The relevant portion of the above judgment is extracted hereunder:
“4. 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)
“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.
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 is not a reason which would render a person ineligible for grant of travel facilities in India. The requirement of law is that if there is a criminal case pending, one is entitled to travel only with the permission of the court before which the case is pending. As far as the present case is concerned, the petitioner is permitted by the criminal court to go abroad to pursue his employment. Therefore, it cannot be said that the petitioner is ineligible for travel facilities. At the same time, it cannot be said that there is no adverse information against the petitioner.
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.
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.
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. The writ petition is disposed of as above.”
I think, same directions can be issued in this case also on condition that the petitioner will produce the permission granted by the jurisdictional court where the case is pending.
Therefore, this writ petition is disposed of in the following manner:
The petitioner will produce the order passed by the criminal court allowing the petitioner to go abroad, before the 1st respondent.
Once the order is produced, the 1st respondent shall 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 in the judgment dated 16.09.2021 in W.P.(C). No.17204/2021.