The Delhi High Court has ruled that having a pending criminal case does not automatically disqualify a person from pursuing long-term opportunities abroad.
The court instructed the passport authorities to issue a police clearance certificate (PCC) to a man, who faces ongoing criminal cases, enabling him to submit necessary documents to Canadian authorities for starting a business.
The court stressed the need to balance the petitioner’s rights with the state’s duty to provide accurate information. Justice Sanjeev Narula, in an order issued on October 1, directed the PCC be issued within two weeks and that it clearly mention both the pending cases and the petitioner’s compliance with the Regional Provident Fund Commissioner’s (RPFC) order to make a required deposit. This would ensure transparency for Canadian authorities reviewing the visa application.
The court pointed out that the denial of the PCC was solely due to the pending First Information Reports (FIRs) against the petitioner, based on a Delhi Police report. However, the judge underscored that a criminal case’s mere existence doesn’t disqualify someone from seeking opportunities abroad.
While the Ministry of External Affairs highlighted its duty to provide accurate information to foreign authorities, the court emphasized that this duty should not unjustly prevent the petitioner from applying for a visa.
The petitioner, holding a valid Indian passport, had approached the court after being denied the PCC, which was required to apply for Canada’s Start-up Visa Program. He is facing two FIRs from 2013 related to complaints by the Employees’ Provident Fund Organisation (EPFO) alleging that although he deducted provident fund contributions from workers, he did not deposit the funds as required. In 2019, he paid the assessed amount of Rs 7.48 lakh to the RPFC.
The petitioner’s lawyer argued that as long as the PCC mentions the pending FIRs, he can meet the requirements for the Canadian visa and his right to travel would remain unaffected. The court also noted that the PCC serves as a statement to foreign authorities about the applicant’s criminal record, or lack thereof.
The court concluded that while the state has the right to impose reasonable restrictions under Article 19(6) of the Constitution, denying the petitioner a PCC based solely on pending FIRs is an unreasonable limitation. The issuance of the PCC, the court added, would neither affect the criminal proceedings nor give the petitioner any undue advantage.
