Sukhmani Kooner, Pune
A complainant took to the court when he was not issued a Police Clearance Certificate (PCC) solely on the basis of his pending FIRs. According to the guidelines for acquiring a Canadian visa, it is imperative that an Indian passport holder needs to get a PCC to set up any business there.
On being denied clearance by Delhi police, the petitioner challenged the authorities as he wanted to set up his start-up business in Canada. He was denied PCC on the grounds of his two pending FIRs. The First Information Reports were filed in 2013 as he was allegedly cutting the provident fund portion from the pay of the employees of DMRC ( Delhi Metro Rail Corporation ) and NPL sites, however, while depositing the money, he was not doing so in accordance with the rules set by the Employees’ Provident Funds and Miscellaneous Provisions Act. Considering the mismatch in numbers, a complaint was filed against him by the officials of the Employees’ Provident Fund Organisation (EPFO).
Based on the FIRs, he was instructed to pay a total of Rs. 7.48 lakh by the Regional Provident Fund Commissioner, which he duly paid in 2019. It was argued by the petitioner that even if the FIRs are not cleared, just by the issuing of a PCC, he will be eligible to apply for the visa.
The Delhi High Court came to a judgment that protects the rights guaranteed in the Constitution. It observed that withholding the PCC threatens his right to work and restricts his right to move freely within or outside the nation. Both rights are fundamental and are mentioned in the constitution under Article 19(1)(g) and 19(6) respectively.
The court has ordered the police to issue a PCC within 2 weeks if a person is looking to venture out for business. In this case, the court came to a conclusion that since the petitioner held a valid Indian passport, there cannot be any restrictions applied to his travel for work abroad. It also ordered that if the RPO receives a clear police verification report, then the RPO has to issue a PCC.