V. MOHANAN v. UNION OF INDIA

BY ADVS. SRI.MANU S., DSGI SMT.REKHA C NAIR, SR.GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No.32623/2023 : 2 : N. NAGARESH, J. ````````````````````````````````````````````````````````````` W.P.(C) No.32623 of 2023 ````````````````````````````````````````````````````````````` Dated this the 15th day of January, 2024 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ The petitioner is aggrieved by Ext.P3 which is a Customised Police Clearance Certificate issued by the Regional Passport Officer, Kochi.

The petitioner is holding Ext.P1 Passport bearing No.U6394696. The petitioner has been arrayed as an accused in Crime No.450/2005 by the 3rd respondent-Station House Officer for offences punishable under Section 7(1)(b) of the Cinematograph Act, 1952 and Section 292(2)(a) read with Section 34 IPC. The Crime is pending as CC No.1016/2015 in the Judicial First Class Magistrate's Court-I, Perumbavoor. W.P.(C) No.32623/2023 : 3 :

The petitioner wanted to travel to Kuwait for business purpose. The petitioner therefore sought permission of the criminal court, filing CMP No.2407/2023. The Court allowed the petition on 24.08.2023 and permitted the petitioner to go abroad for a period of three months from

01.09.2023, as per Ext.P2 order.

When the petitioner produced Ext.P2 before the Regional Passport Officer, the latter issued a Police Clearance Certificate dated 13.09.2023 recording therein details of the pending criminal case. The petitioner states that Ext.P3 Police Clearance Certificate would not be accepted by the authorities in Kuwait in the form it is issued. The petitioner therefore required the 2nd respondent to issue Police Clearance Certificate in the normal format. The failure of the 2nd respondent to issue Police Clearance Certificate in normal format has forced the petitioner to approach this Court filing the above writ petition.

The 2nd respondent resisted the writ petition filing a statement. The 2nd respondent states that a Police W.P.(C) No.32623/2023 : 4 : Clearance Certificate is issued to certify that there is no adverse information against a Passport holder which would render him ineligible for visiting a foreign country. A Police Clearance Certificate is generated automatically once a clear police verification report is submitted by the police authorities in the system. In the case of the petitioner, a Court case is pending against him and hence he is not eligible for a normal Police Clearance Certificate.

The 2nd respondent stated that in the light of the judgment of this Court in Siju v. Regional Passport Officer [2021 SCC Online Ker 9667]. The 2nd respondent is issuing Customised Police Clearance Certificate where applicants are involved in criminal cases. Since the petitioner is involved in a criminal case, only a Customised Police Clearance Certificate in the nature of Ext.P3 could be issued to him.

I have heard the learned counsel for the petitioner and the learned DSGI representing the respondents. W.P.(C) No.32623/2023 : 5 :

The petitioner requires a Police Clearance Certificate in the ordinary format. A Police Clearance Certificate is issued in order to certify that there is no adverse police verification report in favour of the applicant. If the police authorities give an adverse report in respect of an applicant for reasons whatsoever, ordinarily a Police Clearance Certificate is not issued. In the case of the petitioner, admittedly a criminal case is pending against him in the Judicial First Class Magistrate's Court-I, Perumbavoor for offences punishable under the Cinematograph Act, 1952 and the Indian Penal Code. Therefore, a Police Clearance Certificate cannot be issued to the petitioner.

In the judgment of this Court in Siju (supra), this Court held that even if criminal cases are pending against an applicant, Police Clearance Certificate can be issued to such applicant indicating the particulars of criminal cases pending against the applicant. Pursuant to the said judgment of this Court, the Passport authorities are issuing what is described as “Customised Police Clearance Certificate” wherein the W.P.(C) No.32623/2023 : 6 : particulars of pending criminal cases are disclosed. Ext.P3 is a Cusomised Police Clearance Certificate issued to the petitioner.

The petitioner is dissatisfied by Ext.P3. The petitioner seeks a Police Clearance Certificate in the regular format. As a criminal case is pending against the petitioner, a Police Clearance Certificate in the regular format cannot be issued to the petitioner since such a certificate will not be certifying facts and would be suppressing facts. The prayer of the petitioner to issue Police Clearance Certificate in a format similar to Ext.P5 certificate cannot therefore be granted. The writ petition is therefore dismissed. Sd/- N. NAGARESH, JUDGE W.P.(C) No.32623/2023 : 7 : APPENDIX OF WP(C) 32623/2023 PETITIONER'S EXHIBITS: Exhibit P1 Exhibit P2 Exhibit P3 Exhibit P4 Exhibit P5 TRUE COPY OF THE RELEVANT PAGE OF THE PETITIONER'S PASSPORT BEARING NO. U6394696 TRUE COPY OF THE ORDER DATED 24.08.2023 OF THE JUDICIAL MAGISTRATE OF FIRST CLASS - I, PERUMBAVOOR IN CMP NO. 2407/2023 IN C. C. NO. 1016/2015 TRUE COPY OF THE POLICE CLEARANCE CERTIFICATE DATED 13.09.2023 ISSUED BY THE 1ST RESPONDENT TRUE COPY OF THE REQUEST DATED NIL SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT TRUE COPY OF THE FORMAT OF A POLICE CLEARANCE CERTIFICATE ISSUED BY THE 1ST RESPONDENT TO ANOTHER INDIVIDUAL