GG News Bureau
New Delhi, 5th Oct. The Delhi High Court on Saturday said that the mere existence of pending criminal cases does not automatically disqualify individuals from pursuing long-term opportunities abroad. This decision came as the court directed passport authorities to issue a police clearance certificate (PCC) to a man with pending criminal cases, enabling him to apply for a Canadian business visa.
Justice Sanjeev Narula emphasized the need to balance the rights of the petitioner with the authorities’ obligations. The court’s order, passed on October 1, noted that the PCC should explicitly mention the pending cases to ensure transparency with Canadian authorities.
The petitioner faced two FIRs from 2013 related to alleged violations of the Employees’ Provident Funds and Miscellaneous Provisions Act but had made the required payments to the Regional Provident Fund Commissioner.
The court said that denying a PCC based solely on pending FIRs would constitute an unreasonable restriction on the individual’s rights under Article 19(1)(g) of the Constitution, which protects the right to engage in lawful business.
The ruling asserts that the state must not impose unjust barriers on citizens’ rights to travel and work, reaffirming the importance of individual freedoms within the legal framework.
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