In a landmark ruling, the Delhi High Court has reaffirmed that the mere existence of criminal cases should not stand in the way of an individual’s aspirations for long-term opportunities abroad. This decision brings relief to many like the Indian entrepreneur in question, who is on a journey to establish a business in Canada under the Start-up Visa Program but faced hurdles when seeking a Police Clearance Certificate (PCC) for his visa application.
Justice Sanjeev Narula, understanding the weight of the situation, directed the passport authorities to issue the PCC within two weeks, ensuring it reflects both the pending criminal cases and the applicant’s compliance with prior orders from the Regional Provident Fund Commissioner. The Court's stance was clear—while transparency with foreign authorities is important, it should not come at the cost of denying an individual their fundamental rights.
The applicant, entangled in FIRs related to provident fund discrepancies from his previous business operations, argued passionately that these unresolved cases should not clip his wings just as he is about to embark on a new venture abroad. The court sided with him, ruling that denying a PCC simply due to pending FIRs is an unjust restriction on a person’s right to pursue business, as protected by Article 19(1)(g) of the Indian Constitution.
At its core, this case strikes a delicate balance between upholding individual rights and fulfilling a nation’s responsibility to provide accurate information to foreign authorities. The ruling resonates with the struggles of many, emphasizing that past complications should not unjustly block the path to future dreams.
Advotalks: Talk To Lawyers https://www.advotalks.com/
for More Legal Updates visit our youtube channel
