Mere pendency of a criminal case does not automatically disqualify an individual from exercising their right to seek long-term opportunities abroad, says Delhi High Court in Mr Amardeep Singh Bedi v Union of India & Another.
Denying Police Clearance Certificate (PCC) to an individual due to mere pendency of FIRs, without any conviction or finding of guilt, constitutes an unreasonable restriction. The primary role of a PCC is to ensure transparency about an individual’s background, but not to impose blanket restrictions based on pending cases.
An individual’s right to work and freedom of movement must not be unjustly restricted solely on the existence of First Information Reports (FIRs).
The petitioner in this case was aggrieved by the denial of PCC by the Union Government. The PCC was a crucial requirement for applying under the Start-up Visa Programme at Canada where he wanted to set up a business venture. In fact, the man was granted anticipatory bail in the FIRs and no restriction was imposed by the Trial Court on his travel.
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