CASE NAME: Peter T.V. v. District Police Chief and Anr.
CASE NUMBER: W.P.(C) No. 20298 of 2026
COURT: High Court of Kerala at Ernakulam
DATE: 3 August, 2026
QUORUM: Hon’ble Mr. Justice Bechu Kurian Thomas
FACTS
The petitioner, intending to start a homestay/resort business, was required to obtain a license from the Department of Tourism, Government of Kerala, for which a Police Clearance Certificate was essential. He applied to the Station House Officer for such a certificate, but his application was declined by the impugned communication (Ext.P2), which cited the existence of four pending criminal cases against him, including Crime No. 511/2016 of Kalpetta Police Station (now tried as C.C. No. 40/2018 before the Chief Judicial Magistrate Court, Kalpetta). The second respondent’s statement contended that the Police Clearance Certificate reflects an applicant’s antecedents as borne out by police records, and that it could not issue a certificate contrary to, or suppressing, those records. The petitioner accordingly challenged Ext.P2 and sought a direction for issuance of the certificate under Section 59 of the Kerala Police Act, 2011.
ISSUE
Whether a Police Clearance Certificate/Non-Involvement Certificate under Section 59 of the Kerala Police Act, 2011 can be refused solely on the ground of pendency of criminal cases against the applicant, or whether the certificate must instead be issued disclosing the applicant’s involvement in such cases.
LEGAL PROVISIONS
- Section 59, Kerala Police Act, 2011
ARGUMENTS
PETITIONER:
It was contended that the mere pendency of criminal cases could not justify outright refusal to issue the certificate, and that the appropriate course was for the police to issue the certificate while disclosing the applicant’s involvement in the pending cases, consistent with the scheme of Section 59.
RESPONDENTS:
The second respondent maintained that an enquiry had confirmed the petitioner’s involvement in four criminal cases before different police stations, that this had been duly communicated to him, and that the Police Clearance Certificate – being a certification of antecedents based on official records; could not be issued in a manner contrary to, or suppressing, those records.
ANALYSIS
It was observed that there have been occasions wherein the question of issuing Police Clearance Certificate has come up before the Court, and the principle of law that a certificate issued under Section 59 should not be refused merely on account of pending criminal proceedings against the applicant but instead the certificate may be issued subject to a statement which discloses the involvement of the applicant in the pending case. It was further held by the Court that whether the involvement in the case has any bearing on the granting of the license/permission to the applicant is to be considered by the licensing authority/employer and not on the part of the police who issues the certificate.
JUDGMENT
In respect of Ext.P2, the Court set it aside and ordered that the second respondent issue a certificate in connection with the participation/non-participation of the petitioner in criminal cases under Ext.P1 application, within one month from the date of judgment.
CONCLUSION
According to Section 59 of the Kerala Police Act, 2011, issuing of the Police Clearance Certificate cannot be denied on grounds of pending criminal cases against the applicant; rather, the certificate should be issued while informing about the same by the police, it is for the licensing authorities to consider their significance for granting the license.
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WRITTEN BY: DRISHTITA BANIK
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