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Kerala HC: Police clearance not denied for pending criminal case
The Kerala High Court has held that a police clearance certificate under Section 59 of the Kerala Police Act, 2011 cannot be denied to a person solely because a criminal case is…
The Kerala High Court has held that a police clearance certificate under Section 59 of the Kerala Police Act, 2011 cannot be denied to a person solely because a criminal case is pending against them. Justice Bechu Kurian Thomas ruled that the certificate may be issued by including a statement about the applicant's involvement in the crime. The order came on a petition seeking directions for issuance of the certificate.
The court clarified that the pendency of a criminal case does not create an automatic bar to receiving a police clearance certificate. The ruling provides a framework where the certificate can still be granted while recording the pendency of the case. This ensures that applicants are not deprived of employment or other opportunities that require a police clearance certificate due to pending investigations that have not resulted in a conviction.
Indian Opinion Analysis
This is not the first time the Kerala High Court has addressed police clearance certificates. A 2023 ruling held that mere registration of an FIR is not a disqualification. What is at stake for applicants is the loss of employment, visas, or licences if certificates are withheld. The next clarity will come when the state police process applications with the template the court has set out, making the certificate a tool of record rather than a bar.
Source: livelaw.in
This story was synthesised by AI from the source linked above.
