Pending criminal cases can’t disqualify person from seeking long-term opportunities abroad: Delhi HC

Delhi High Court allows man with pending criminal cases to seek opportunities abroad, orders passport authorities to issue PCC.

Mere pendency of a criminal case does not automatically disqualify a person from exercising his right to seek long-term opportunities abroad, the Delhi High Court has noted.

The Court also directed the passport authorities to issue within two weeks a police clearance certificate (PCC) to a man, who has pending criminal cases and needs to submit a document to Canadian authorities to set up a business there.

Noting that the rights and interests of the petitioner must be balanced with the authorities’ obligation as a sovereign entity, the High Court directed that a PCC be issued to the man explicitly mentioning the pending criminal cases against him as well as the fact that he has complied with the Regional Provident Fund Commissioner’s (RPFC) order by making the required deposit.

“This would provide complete transparency to the Canadian authorities for their assessment of his visa application. The PCC shall be issued in two weeks’ time from today,” Justice Sanjeev Narula said in an order passed on October 1.

The Court noted that the sole ground for denying PCC to the man was the existence of pending FIRs against the petitioner, as per the report of Delhi Police.

“However, it must be emphasised that mere pendency of a criminal case does not automatically disqualify an individual from exercising his right to seek long-term opportunities abroad.

“While respondent No. 1 — the Ministry of External Affairs — is correct to point out its obligation to provide accurate information to the foreign authorities, this responsibility does not extend to unjustly curtailing the petitioner’s right to apply for a long-term visa,” it said.