The Delhi HC has directed the passport authorities to issue within two weeks a police clearance certificate (PCC) to a man against whom criminal charges are pending. File
Mere reliance on a criminal conviction does not automatically bar a person from exercising his right to seek long-term opportunities abroad, the Delhi High Court said.
The Court also ordered the passport authorities to issue a police clearance certificate (PCC) within two weeks to the man, who has pending criminal charges and needs to submit a document to the Canadian authorities to open a business there.
Noting that the rights and interests of the petitioner must be balanced with the responsibility of the authorities as a private entity, the Supreme Court ordered that the PCC be given to the man clearly stating the pending criminal charges and the fact that he has complied with the order of the Provincial Finance Commissioner (RPFC) by making the required deposit.
“This will give the Canadian authorities complete transparency to process his visa application. The PCC will be issued within two weeks from today,” said Justice Sanjeev Narula in the order issued on October 1.
The Court observed that the only reason for denying the PCC to the man was the existence of pending FIRs against the applicant, according to the Delhi Police report.
“However, it should be emphasized that the mere attachment of a criminal case does not prevent a person from exercising his right to seek long-term opportunities abroad.
“Although respondent No. 1 – the Ministry of Foreign Affairs – is correct in expressing its obligation to provide accurate information to foreign authorities, this obligation does not extend to unduly curtailing the applicant’s right to apply for a long-term visa,” it said.
The Ministry of External Affairs and the Delhi Police were represented by the panel’s senior counsel Farman Ali.
The applicant, an Indian national with a valid passport, went to Court challenging the authorities’ refusal to grant him the PCC required to apply under the Start-up Visa Program in Canada, where he intended to set up a business.
The application stated that according to Canadian visa regulations, the applicant must bring a PCC from their country of residence in order to start a business in Canada.
The petitioner, along with his ownership concerns, was facing two FIRs registered with the Delhi Police in 2013, based on complaints filed by officials of the Employees’ Provident Fund Organization (EPFO), saying that while deducting provident fund contributions from the salaries of employees working in DMRC and NPL, has failed to deposit money in accordance with the provisions of the Employees’ Provident Funds Act and Miscellaneous Provisions.
RPFC assessed the amount of Rs 7.48 lakh to be deposited by the person who paid it in 2019.
Counsel for the petitioner submitted that even if the PCC shows FIRs pending against him, he will be able to fulfill the requirement to submit the PCC and apply for a visa, so his right to travel abroad will not be prejudiced.
The Supreme Court also noted that the PCC indicates that the applicant does not have a criminal record, which serves as an assurance to the State in a foreign country that the applicant is not involved in any ongoing criminal proceedings.
However, the regional passport office can only issue a PCC if it receives a ‘clear’ police verification report from the relevant authorities.
In this regard, the Court said that the applicant has a valid passport and there are no restrictions on his movement, adding that his right to work and freedom of movement should not be unreasonably restricted only by the presence of these CIRCUMSTANCES.
This relates to his fundamental right under Article 19(1)(g) to carry on a profession or business and the applicant, like any other citizen of India, has the legal right to pursue a lawful business or trade within and outside the country as permitted.
The Court further observed that while the State has the right to impose reasonable restrictions on the fundamental rights of a citizen under Article 19(6), denying PCC to an applicant merely on the basis of reliance on FIRs is an unreasonable restriction.
“Therefore, it would be wrong to impose clear restrictions on his efforts to obtain a visa based only on the case,” it said, adding that the PCC’s ruling would not affect the ongoing proceedings, or provide any. unfair advantage to the applicant.
Published – October 05, 2024 02:15 pm IST