Show Cause/Hearing Opportunity A Must Before A Citizen's Character Certificate Is Cancelled Due To Criminal Antecedents: Allahabad HC

Emphasizing the importance of due process and fair treatment in such matters, a bench of Justice Saumitra Dayal Singh and Justice Manjive Shukla read Clause-4 of the Government Order dated April 10, 2023, to include therein (on implied basis) that the Character Certificate cancellation action may be taken after issuance of show cause notice to the concerned citizen within one week from the date of receipt of information as to registration/pendency of criminal case.

The court's interpretation suggests that the proposed action to cancel a Character Certificate under Clause-4 should only proceed after issuing a show cause notice to the citizen within one week of receiving information about the registration or pendency of a criminal case.

“Notice may be served on the citizen within two weeks thereafter. The notice citizen may be granted two weeks therefrom to furnish his reply. A short date for a hearing may be fixed within a further period of two weeks therefrom and appropriate order may be passed in terms of Clause-4 of the Government Order dated 10.4.2023, thereafter.”

The Court further directed that a copy of its order be supplied to the Additional Chief Standing Counsel for onward communication to the State Of Uttar Pradesh who may ensure due compliance of this order by all field authorities to prevent needless litigations from arising before the Court.

The HC issued the direction while dealing with a writ plea filed by one Kapil Dev Yadav challenging a May 2023 order passed by the District Magistrate, Jaunpur cancelling his Character Certificate (granted in December 2020), ex parte.

On a query made, the Additional Chief Standing Counsel relied on Clause 4 of the GO, which provides that upon coming to the knowledge of the District Magistrate, a person who may have been issued a Character Certificate (in the past) has acquired criminal antecedents upon any criminal case being lodged against him, his Character Certificate may be cancelled, immediately.

Therefore, it was submitted by the state's counsel that no opportunity for a hearing was required before the cancellation of the Character Certificate.

Having heard the counsel for parties and having perused the record, the Court opined that no vested right may exist in a citizen to grant of Character Certificate irrespective of his criminal antecedents or moral conduct and character.

However, at the same time, the Court added, knee-jerk reactions are to be avoided as may result in unintended harsh civil consequences being visited on a citizen who may have been issued such a Certificate, in the past.

Given this, the Court observed that though in the instant case District Magistrate, Jaunpur was duty bound to act on the information gained by him as to the allegation of involvement of the petitioner in criminal cases, however, at the same time, a limited opportunity of hearing to the petitioner ought to have been given to object to the proposed action of cancellation of his Character Certificate.

“Rules of natural justice are far too deeply embedded in our jurisprudence to allow for any exception to be made in the present facts. Character Certificate once issued allows a citizen to avail other civil rights including as to employment, award of contracts etc. Once a Character Certificate is cancelled, it may have a direct bearing and cascading effect on other civil valuable rights of such citizen. On the other hand, at times petty and/or false allegations arise against citizens and at times wrong information is furnished to the statutory authorities including the District Magistrate. Unless the citizen is given one opportunity to bring out his case/objection to the proposed cancellation of his Character Certificate, he may be unnecessarily pushed into long drawn legal battle. That may be avoided if one limited opportunity of hearing is given to such a person,” the Court remarked.

Accordingly, the Court ordered that the order of the DM concerned be treated as a show cause notice to the petitioner, to which, he may furnish his detailed objection supported by his affidavit annexing to that any document on which he may seek to rely within three weeks.

Subject to such compliance shown, the District Magistrate may fix a short date for a hearing on which the petitioner undertakes to appear before the said authority and the District Magistrate, may then, proceed to pass an appropriate reasoned order dealing with the objections filed by the petitioner within a further period of three months from today, the Court added as it disposed of the matter.

Case title - Kapil Dev Yadav vs. State Of U.P. And 3 Others

Case Citation: 2024 LiveLaw (AB) 2

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