Karnataka HC Lauds Efforts Of MEA, DSG In Granting Visa Clearance To State-Level Cricketer Within 60 Minutes Of Police Clearance To Allow Him To Travel To England

The Karnataka High Court has appreciated the efforts of the Ministry of External Affairs, to clear the file pending before the Regional Passport Office (Bengaluru) within 60 minutes which facilitated the travel of Karnataka State Cricket team player to England to play cricket.

A single judge bench of Justice M Nagaprasanna while disposing of the petition filed by cricketer K C Cariappa said “The efforts of the learned Deputy Solicitor General of India, Sri.Shanthi Bhushan H., in keeping up to his assurance merits appreciation. So thus, the Ministry of External Affairs and the second respondent, all for disposal of a file within 60 minutes. This action of the Union of India deserves emulation.”

Cariappa had approached the court seeking a direction by the issuance of a writ in the nature of mandamus directing the second respondent to approve and grant police clearance by way of a certificate to enable the grant of a visa or visa clearance by the second respondent.

The police clearance certificate for issuance of a passport to travel was denied on the ground that a crime was registered against him for the offence punishable under Sections 323, 504, 506 and 420 of the IPC by his fiancée.

In its order dated March 20, the court had made it clear that in the light of the fact that the matter was still under investigation, neither the police clearance certificate nor the passport can be denied in the light of the Office Memorandum issued by the Ministry of External Affairs dated 10.10.2019.

The matter was then listed on 25.03.2024, on an assurance by the Deputy Solicitor General of India, Shanthi Bhushan H., that he would within 60 minutes of police clearance, get the second respondent to issue a clearance from its end.

Following this the court noted the matter was listed today and that the second respondent issued a visa clearance within 60 minutes from the date of issuance of the police clearance by the State.

“The learned Deputy Solicitor General of India, Sri.Shanthi Bhushan H. has kept up to his word of clearance in 60 minutes,” it said.

Accordingly, it disposed of the case saying “In the light of the police clearance granted and the visa clearance is also in place, there would be no impediment for the petitioner to travel and the writ petition need not detain this Court for any direction, I deem it appropriate to dispose the same with the afore observed appreciation.”

Appearance: Advocate Raghavan M, for petitioner.

Deputy Solicitor General of India, Shanthi Bhushan H a/w Unnikrishnan M., CGSC, appearing for respondent Nos.1 - 3.

Additional Government Advocate, Sri. Rahul Cariappa K.S, for respondent No.3.

Citation No: 2024 LiveLaw (Kar) 160

Case Title: K C Cariappa AND Union of India & Others

Case No: WRIT PETITION NO. 8599 OF 2024

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