Pendency Of Criminal Case Can't Disqualify Individual From Exercising Right To Long Term Opportunities Abroad: Delhi HC

The Delhi High Court has observed that mere pendency of a criminal case does not automatically disqualify an individual from exercising their right to seek long-term opportunities abroad.

Justice Sanjeev Narula said that denying Police Clearance Certificate (PCC) to an individual due to mere pendency of FIRs, without any conviction or finding of guilt, constitutes an unreasonable restriction.

“The primary role of a PCC is to ensure transparency about an individual's background, not to impose blanket restrictions on the basis of pending cases,” the court said.

It added that an individual's right to work and freedom of movement must not be unjustly restricted solely on the existence of FIRs.

Justice Narula was dealing with a plea filed by a man against whom two FIRs were registered in 2013 based on complaints of Enforcement Officers of the Employees Provident Fund Organization.

He was aggrieved by denial of PCC by the Union Government. It was his case that PCC was a crucial requirement for applying under the Start-up Visa Programme at Canada where he wanted to set up a business venture.

Disposing of the plea, the Court noted that the man was granted anticipatory bail in the FIRs and no restriction was imposed by the Trial Court on his travel.

“In light of the facts disclosed by the Respondent, it is evident that the sole ground for denying the PCC is the existence of pending FIRs against the Petitioner as per the report of Respondent No. 2. However, it must be emphasized that mere pendency of a criminal case does not automatically disqualify an individual from exercising their right to seek long-term opportunities abroad,” the Court said.

It directed the authorities to issue PCC to the man, explicitly mentioning the pending criminal case against him as well as the fact that he had complied with the RPFC's order by making the required deposit.

“This would provide complete transparency to the Canadian authorities for their assessment of his Visa application. The prescribed PCC application as per the Passport Rules, 1980 be modified accordingly. The PCC shall be issued in two weeks' time from today,” the Court ordered.

Title: MR. AMARDEEP SINGH BEDI v. UNION OF INDIA & ANR.

Citation: 2024 LiveLaw (Del) 1100

Click here to read order