Delhi: In a significant judgment, the Delhi High Court has ruled that an individual cannot be disqualified from applying for a long-term visa abroad merely based on some pending criminal cases.

According to media reports, the ruling was delivered on the authorities’ decision to withhold the Police Clearance Certificate (PCC) of a man on account of FIRs pending against him. He required a PCC to obtain a Canadian visa for setting up a new business there.

The Petitioner Had Pending FIR’s Against Him

According to Justice Sanjiv Narula, the only reason why the PCC was not issued to the appellant was FIRs pending against him. The High Court ruled, “This would provide complete transparency to the Canadian authorities for their assessment of his visa application. The PCC shall be issued in two weeks from today.”

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The Court’s response came after a petition was filed by an Indian national passport holder who was being denied a PCC by the authorities.

Two FIRs Were Lodged Against Him In 2013

As per media reports, Two FIRs had been lodged by Employees’ Provident Fund Organisation officials in 2013 against the petitioner. It was alleged that provident fund contributions, which were deducted from the wages of employees at DMRC and NPL, were not deposited. In 2019, he paid an aggregate amount of Rs 7.48 lakh on account of an order dated by Regional Provident Fund Commissioner (RPFC).

High Court’s Order

The High Court ordered the issuance of PCC within two weeks to the man, insisting that the fundamental right provided under Article 19(1)(g) of the Indian Constitution asserted rights towards the practice of business or occupation.

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