Delhi High Court Upholds Right to Overseas Opportunities Despite Pending Criminal Cases

The Delhi High Court ruled that pending criminal cases do not automatically disqualify a person from seeking long-term opportunities abroad. The court ordered passport authorities to issue a police clearance certificate (PCC) to an applicant, ensuring Canadian authorities are informed of his FIRs, upholding his right to apply for a visa.

The Delhi High Court has highlighted that pending criminal cases should not automatically prevent individuals from pursuing opportunities overseas. The court ordered the issuance of a police clearance certificate (PCC) to a man planning a business in Canada, despite his pending FIRs, with the condition of informing Canadian authorities transparently.

Justice Sanjeev Narula emphasized that the applicant's right to seek a visa must be balanced with the state's obligation to share accurate information. The court mandated that the PCC should mention the pending cases and compliance with financial obligations, offering transparency in his visa application process.

The decision arrives amidst the petitioner's ongoing efforts to navigate legal proceedings related to Employees' Provident Fund discrepancies. The court underscored that while the State can impose certain restrictions, denying a PCC based merely on pending cases would constitute an unreasonable limitation on fundamental rights.

(With inputs from agencies.)