In a significant ruling, the Delhi High Court has declared that the mere pendency of criminal cases does not automatically disqualify a person from seeking long-term opportunities overseas. This decision came in the case of an Indian citizen planning to establish a business in Canada under the Start-up Visa Program, who required a Police Clearance Certificate (PCC) for his visa application.
Justice Sanjeev Narula directed the passport authorities to issue the PCC within two weeks, stating it must detail the pending criminal cases against the individual, as well as compliance with previous orders from the Regional Provident Fund Commissioner (RPFC), which involved a financial deposit. This transparency is intended to assist Canadian authorities in evaluating the visa application.
The court’s decision highlights the balance between individual rights and the responsibilities of sovereign entities. It stressed that the Ministry of External Affairs must provide accurate information to foreign nations without unjustly curtailing an individual’s rights to travel and pursue business opportunities.
The applicant, who faced FIRs related to provident fund discrepancies from his business operations, argued that his ability to travel and establish a business abroad should not be hindered by the unresolved cases. The High Court agreed, noting that denying a PCC based on FIRs alone constitutes an unreasonable restriction on the individual’s fundamental rights under Article 19(1)(g) of the Constitution, which guarantees the freedom to practice any profession, or to carry on any occupation, trade, or business.
