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Synopsis

While dealing with a case where a police clearance certificate issued by the regional passport office in Cochin had not been accepted by the Embassy of Kuwait, the Kerala High Court observed that the certificates issued by the Indian government and statutory authorities should be of global standards. 

"We are in the AI era and the 5G revolution. Our Nation is a front-runner in technology...The certificates issued by the government and statutory authorities have to be internationally accepted, especially when India is a signatory to international conventions and treaties," said the bench of Justice CS Dias. 

Before the court, a plea had been filed seeking direction to the Regional Passport Office, Panambilly Nagar, Cochin to issue a police clearance certificate in favour of the petitioner who was employed in Kuwait. 

The background facts were that a case had been filed by the petitioner's estranged wife against him alleging matrimonial offences. A petition to dissolve the marriage was also pending before the Family Court.

For working in Kuwait, the petitioner needed a police clearance certificate (PCC) which had a barcode, his scanned photograph and the details of the criminal case pending against him.

However, the PCC issued to him lacked the barcode and because of this, the Embassy of Kuwait refused to accept the same. Therefore, the petitioner knocked on court's door. 

Court noted that passport authority had taken the stand that PCCs are issued from the system based on the Ministry of External Affairs database and the central database permits PCCs to be issued with barcodes and scanned photographs only if the applicant has no criminal antecedents; otherwise, only a manual certificate can be issued without the barcode and scanned photograph.

Court held the passport authority's stand "cavil, naïve and unacceptable".

Court said that in a situation like the present case, where a global demand is there due to the emergence of technology, authorities cannot just throw their hands in the air and express helplessness.

"...the Government and Instrumentalities have to be abreast with the ever-emerging global demands. If our vision to have a digital India is to materialise, we must be willing to change every minute to catch up with the global world and not adopt a pedantic and rigid approach," said the court. 

Regarding the matter at hand, court opined that the issue could be resolved by making minor modifications in the central database.

Therefore, court directed the passport authority to forthwith take up the matter with the competent authorities to make necessary modifications in the central system. "...so that the above issue can be avoided across the country," said the court. 

Further, court directed the competent authority under the Ministry of External Affairs to take immediate steps to upgrade the central database and issue the PCC certificate to the petitioner with the barcode, his scanned photograph and the criminal case details.

Case Title: EJO P.J. v. REGIONAL PASPORT OFFICE and Another