Court permits stage artist accused in multiple cases to obtain PCC with details of ongoing investigations and court permissions, emphasizing need for express court approval before foreign travel
In a significant ruling dated September 28, 2026, the Kerala High Court, presided over by Justice Murali Purushothaman, directed the Regional Passport Officer to issue a customized Police Clearance Certificate (PCC) to Hiran Das Murali, an Indian passport holder who is an accused in multiple criminal cases. The petitioner had sought the PCC to facilitate his travel to the United Kingdom and the Republic of Ireland for stage performances.
The petitioner is involved in several criminal cases, including cases under the Narcotic Drugs and Psychotropic Substances (NDPS) Act and the Wildlife Protection Act. Notably, Crime No.404/2025 at Hill Palace Police Station involved bailable offences, and another case registered at Thrikkakara Police Station had already resulted in a court order permitting the petitioner to travel abroad under certain conditions. Additional cases under investigation include Crime No.1170/2025 at Central Police Station, Ernakulam, and OR.No.4/2025 under the Wildlife Protection Act.
Despite the pendency of these cases, the petitioner argued for the issuance of the PCC citing prior judicial orders that allowed travel abroad. The Regional Passport Officer opposed the issuance of a standard PCC due to the adverse police verification report highlighting the pending criminal cases. However, the court acknowledged that the pendency of criminal cases does not automatically disqualify an individual from obtaining a PCC or traveling abroad, provided court permissions are obtained.
The court referenced its earlier judgment in Siju v. Regional Passport Officer (2021 KHC 1002), affirming that criminal proceedings do not bar foreign travel if the concerned courts grant explicit permission. Consequently, the Kerala High Court directed the passport authority to issue a customized PCC that discloses the details of all pending criminal cases against the petitioner, along with copies of relevant court orders permitting travel. This directive aims to balance the state's interest in monitoring ongoing investigations with the individual's right to travel.
The court further emphasized that the petitioner must not leave Indian territory without explicit permission from the courts handling the respective criminal cases, ensuring compliance with judicial mandates and legal procedures.
This judgment clarifies the legal position concerning the issuance of PCCs amidst ongoing criminal cases and underscores the judiciary's role in safeguarding personal liberties while maintaining the rule of law.
Bottom Line:
Passport - Police Clearance Certificate - Pendency of criminal cases does not by itself disentitle issuance of PCC - High Court can direct issuance of customized PCC disclosing pending criminal cases and court orders permitting travel abroad - Person cannot leave country without express permission from concerned courts where such permission is required.
Statutory provision(s):
Narcotic Drugs and Psychotropic Substances Act (NDPS Act), Wildlife Protection Act, Passport Act (implied), Kerala High Court Rules and Orders
Hiran Das Murali v. Regional Passport Officer, (Kerala) : Law Finder Doc Id # 2991126
