In a landmark decision, the Delhi High Court has ruled that the mere pendency of criminal cases cannot automatically disqualify a person from applying for long-term visas abroad. This judgment by the High court, which emphasizes the rights of individuals seeking international opportunities, is set to have far-reaching implications for Indian nationals with pending cases who wish to pursue careers or business ventures abroad.
The case came before a bench of Justice Sanjiv Narula, where the petitioner was denied a police clearance certificate (PCC) due to the existence of two FIRs registered against him in 2013. The PCC is a mandatory requirement for many visa applications, including Canada’s Start-up Visa Programme, which the petitioner was pursuing to establish a business there.
The refusal to issue the PCC was based solely on the pending criminal cases, which related to alleged non-payment of provident fund contributions by the petitioner’s company for employees at Delhi Metro Rail Corporation (DMRC) and National Physical Laboratory (NPL) sites.
Visa Denial Based Solely on Pending FIRs
The court found that the authorities denied the PCC only because of the pending FIRs, without considering the petitioner’s right to seek employment and business opportunities abroad. While acknowledging the Ministry of External Affairs’ obligation to provide foreign authorities with accurate information about applicants, the court emphasized that this duty should not unfairly curtail an individual’s right to apply for long-term visas.
The High court made it clear that merely having a pending FIR does not automatically disqualify someone from obtaining a PCC, provided they have complied with any lawful obligations. In this case, the petitioner had paid the assessed amount of ₹7.48 lakh to the Regional Provident Fund Commissioner (RPFC) in 2019, fulfilling his financial duties as per the Employees’ Provident Funds and Miscellaneous Provisions Act.
Fundamental Rights and Business Opportunities Abroad
Justice Narula’s order was based on the premise that the petitioner’s right to engage in business under Article 19(1)(g) of the Indian Constitution should not be unnecessarily restricted. The court stated, “This relates to his fundamental right under Article 19(1)(g) to engage in an occupation or business.”
The judgment by the High court underscores the importance of allowing individuals to explore legitimate business opportunities outside India. The court highlighted that by issuing the PCC, which includes a mention of the pending criminal cases and the fact that the petitioner complied with the RPFC’s order, the Indian authorities can maintain transparency with Canadian immigration authorities.
This transparency, the court observed, would allow foreign officials to assess the visa application without preemptively barring the petitioner from pursuing business aspirations abroad.
High Court’s Directive to Authorities
The Delhi High Court directed the concerned passport authorities to issue the PCC within two weeks, enabling the petitioner to submit the required documentation for his Canadian visa. The court clarified that while it is important to inform foreign authorities of pending cases, this should not automatically translate to visa disqualification.
This ruling could set a precedent for many Indian nationals who face similar challenges when trying to apply for visas or international employment opportunities while having unresolved legal matters in India.
The court’s decision strikes a balance between ensuring the integrity of information provided to foreign authorities and safeguarding the rights of Indian citizens to pursue careers and businesses globally, even in the face of legal uncertainties at home.
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