AADHIL VALIYAKOVILAKAM RASHEED v. A. RASHEED, VALIYAKOVILAKAM, SOUTH ARYAD, AVALOOKUNNUP.O., KOMALAPURAM ALAPPUZHA

BY ADVS. SRI.S.MANU, DEPUTY SOLICITOR GENERAL OF INDIA SRI.SREEJITH V.S., GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)No.1040 of 2024 :2: J U D G M E N T Dated this the 10th day of January, 2024 The petitioner is holder of an Indian Passport bearing No.S2913314, which he obtained in the year 2018 and is valid up to 30.05.2028. The petitioner is a Post Graduate in Business Administration and has got job opportunity in United Arab Emirates now. As per the present requirement, the petitioner has to submit a Police Clearance Certificate for joining duty.

2. Section 59 of the Kerala Police Act, 2011 provides for the issuance of Police Clearance Certificate. But, these certificates are confined to jobs in Kerala only. As far as overseas employment, it is for the Passport Authority concerned to issue Police Clearance Certificate, as clarified by Ext.P5 Circular issued by the Kerala Police Chief and Ext.P6 judgment of this Court. Therefore, the petitioner applied for Police Clearance Certificate by submitting an online application to the W.P.(C)No.1040 of 2024 :3: 1st respondent.

3. On 14.12.2023, the petitioner received Ext.P9 notice alleging that he obtained Passport by suppressing pendency of a criminal case and calling upon him to show cause against the initiation of action to impound his Passport under Sections 10(3)(b) and 12(1)(b) of the Passport Act, 1967. The notice also directed to surrender Ext.P3 Passport to the 1st respondent. Since the crime referred was registered only after five years, he was issued with the Passport. So, the allegation that the petitioner suppressed the pendency of the crime is absolutely incorrect.

4. Since permission of the Magistrate Court is required for going abroad, the petitioner obtained permission as per Ext.P10 which also directed the Police to issue Police Clearance Certificate. But, in the light of Ext.P5 Circular and Ext.P6 judgment, it is for the 1st respondent to issue Police Clearance Certificate. The 1st respondent refuses to act upon Ext.P8 W.P.(C)No.1040 of 2024 :4: application and issue Police Clearance Certificate to the petitioner, contends the Counsel for the petitioner.

5. The Deputy Solicitor General entered appearance and resisted the writ petition. When pendency of a crime was noted, the petitioner was issued with Ext.P9 show cause notice. Though the petitioner submits that the crime registered against the petitioner was subsequent to the issuance of the Passport to him, no materials are projected or made available in Ext.P11 reply. If the petitioner shows that the crime was registered subsequent to the issuance of the Passport, then his application for Police Clearance Certificate can be considered and possibility of issuing a customised Police Clearance Certificate can be considered.

6. I have heard the learned Counsel for the petitioner and the learned Deputy Solicitor General representing the 1 st respondent. I have also heard the learned Government Pleader representing the 2nd respondent. W.P.(C)No.1040 of 2024 :5:

7. The petitioner would assert that the crime was registered against him subsequent to the issuance of Passport. But, the reply given to Ext.P9, by way of Ext.P11 does not disclose the dates of registration of crime or any particulars of the crime.

8. In the circumstances, I am of the opinion that the petitioner should be given an opportunity to file an additional reply to Ext.P9. If the petitioner gives a proper reply to Ext.P9, giving all particulars relating to registration of FIR / crime, then the Regional Passport Officer can very well consider the matter and process the application for issuance of Police Clearance Certificate. The writ petition is therefore disposed of directing the petitioner to file an additional reply to Ext.P9 within a period of one week disclosing the particulars of FIR / crime registered against the petitioner. The petitioner shall also produce a certified / attested copy of Ext.P10 judgment. If a reply is given W.P.(C)No.1040 of 2024 :6: producing necessary materials, then the Regional Passport Officer shall process the application for issuance of customised Police Clearance Certificate to the petitioner and take a final decision thereon within a period of two weeks from the date of receipt of reply and materials. JUDGE N. NAGARESH Sd/- W.P.(C)No.1040 of 2024 :7: APPENDIX OF WP(C) 1040/2024 PETITIONER EXHIBITS Exhibit P1 Exhibit P2 Exhibit P3 Exhibit P4 Exhibit P5 Exhibit P6 Exhibit P7 Exhibit P8 Exhibit P9 TRUE COPY OF THE FIR DATED 02.02.2023 IN CRIME NO. 126/2023 OF ALAPPUZHA NORTH POLICE STATION, ALAPPUZHA. TRUE COPY OF THE PRINT PUT OF THE CASE STATUS DOWNLOADED FROM THE E-COURT WEBSITE IN C. C. NO. 336/2023 ON THE FILES OF THE JFCM - I, ALAPPUZHA. TRUE COPY OF THE RELEVANT PAGES OF THE PASSPORT BEARING NO. S2913314 ISSUED TO THE PETITIONER. TRUE COPY OF THE EMPLOYMENT VISA DATED 02.01.2024ISSUED BY THE UAE GOVERNMENT TO THE PETITIONER. TRUE COPY OF THE CIRCULAR-14/2022/PHQ DATED 07.05.2022 ISSUED BY THE STATE POLICE CHIEF, KERALA POLICE. TRUE COPY OF THE JUDGMENT DATED 27.08.2021 IN W. P. (C) NO. 5930/2018 PASSED BY THIS HON'BLE COURT. TRUE COPY OF THE ONLINE APPOINTMENT RECEIPT DATED 05.12.2023 SHOWING THE APPOINTMENT DATE AS 07.12.2023 ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT TO THE PETITIONER. TRUE COPY OF THE POLICE CLEARANCE CERTIFICATE APPLICATION FORM DATED 07.12.2023 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT. TRUE COPY OF THE NOTICE DATED 14.12.2023 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. Exhibit P10 TRUE COPY OF THE ORDER DATED 01.01.2024 IN C. M. P. NO. 4233/2023 IN C. C. NO. W.P.(C)No.1040 of 2024 :8: Exhibit P11 Exhibit P12 336/2023 ON THE FILES OF THE JFCM -I, ALAPPUZHA. TRUE COPY OF THE E-MAIL DATED 05.01.2024 SENT BY THE PETITIONER TO THE OFFICE OF THE 1ST RESPONDENT. TRUE COPY OF THE CERTIFICATED DATED 11.01.2023 SHOWING THE ACQUISITION OF POST GRADUATE DEGREE IN BUSINESS ADMINISTRATION BY THE PETITIONER ISSUED BY BHARATHIAR UNIVERSITY.