Instead Of Denying Police Clearance Certificate, Details Of Offences Involving Job Seeker Can Be Given To Employer: Kerala High Court

Justice A. Badharudeen noted that in many cases, for employment and assignment, the concerned employer or authority asks for a Non – Involvement in Offences Certificate (Police Clearance Certificate). In such situations, if the person was involved in any crime, the police can issue a certificate detailing the crimes in which he was involved. Then, it is up to the employer to take a decision based on the certificate.

If the crimes are of trivial nature, the employer can ignore it. If the offences are of grave nature, the employer can take appropriate decision. The Court observed that such a certificate would not cause prejudice to the applicant or the employer.

“It is noticed that, issuance of Non-Involvement in Offences Certificate emerges, when a person wants to get employment or any other assignment, for which, such a certificate is necessary, as insisted by the authority concerned. Therefore, if a blanket certificate, rejecting the issuance of Non-Ivolvement in Offences, on the ground of pendency of crime/s, may prejudice the right of the acused person/s”

The petitioner was booked for a case under Sections 341 (wrongful restraint), 324 (causing hurt using dangerous weapons) and 323 (causing hurt) of Indian Penal Code and the case is pending before the Magistrate Court. She secured an appointment and as per the terms of her appointment, she has to produce a Police Clearance Certificate on joining the service. She applied for the certificate and it was rejected.

The petitioner submitted that the High Court had in earlier cases directed the police to issue a certificate detailing the cases in which the applicant is involved in. The petitioner requested for issuance of a similar certificate.

The Court said that though Section 59 of the Kerala Police Act says only about issuance of a police clearance certificate, it is in the interest of justice to issue a certificate for the petitioner specifying the existence of criminal cases against her with their numbers, nature of offences with the provisions and the Court before which the case is pending. If any cases against the petitioner are already disposed off, the certificate shall mention the nature of discharge namely acquittal, discharge, conviction, quashment etc.

Counsel for the Petitioners: Advocates R. Sreehari, Hamza A. V., Aparna M.P.

Counsel for the Respondents: Public Prosecutor Adv. Sanal P. Raj

Case No: Crl.M.C. 8310 of 2024

Case Title: Abhirami Girish v State of Kerala and Another

Citation: 2024 LiveLaw (Ker) 657