Bombay HC directs for clearance certificate to stalking accused for passport renewal

Mumbai: The Bombay High Court has directed the city police and the passport department to issue a clearance certificate to a man accused in a stalking case to renew his passport so that he can travel to Canada for studies.

The police ought to have issued the certificate when the man has been permitted to travel abroad by the court, a division bench of Justices G S Kulkarni and Advait Sethna said in an order passed last month.

In the present case, the Malad police here in April this year issued a negative report on the ground that a criminal case (of stalking) was pending against the man.

The man moved the HC, challenging the negative certificate issued by the police to the passport authorities and seeking a direction to the passport office to issue him a clearance certificate so that his passport could be renewed.

In his plea, the man said a magistrate's court, before which his trial is pending, has granted permission for his passport to be renewed.

A single bench of the HC in April permitted the man to travel abroad for the time period of the course he has secured admission in, the petition added.

The high court in its order said when a directive has been issued by the magistrate permitting renewal of the passport in November 2024, then the police could not have issued a negative report.

It was not the case of any of the authorities that the man was not authorised and/or entitled to travel abroad, the bench said.

"If this be the case then certainly such travel cannot remain a paper formality," the HC said.

The court noted the man's present passport is valid till 2026 and he has already been granted a visa by the Canadian government.

"We are of the opinion that the officer in-charge of the Malad police station needs to grant a 'Clear Police Verification Report' to the passport department forthwith," the HC bench said.

It quashed the negative report submitted by the police in April and directed it to issue a 'Clear Police Verification Report' in favour of the man.

This verification report shall then be submitted to the passport authorities for issuance of a final police clearance certificate, the bench ordered.

In 2017, an FIR was lodged against the man in Malad on charges of stalking, criminal intimidation and using words or gestures outraging the modesty of a woman. The case is pending before the magistrate's court.

The man in his plea said he is desirous of pursuing a Chartered Accountant course in Canada and has secured admission for the same.

Last year, the man filed an application before the magistrate's court seeking permission for the renewal of his passport and for a direction to the police to issue him a clearance certificate.

Advocate D P Singh, appearing for the passport authority, submitted to the court that the department would grant a clearance certificate only after receiving a positive report from the police station concerned.