A single judge of Kerala High Court held that Police Clearance certificates cannot be withheld merely because an applicant has a pending case.
From Paras 5 and 6,
5.The question regarding the issuance of a Police Clearance Certificate has been the subject of consideration by this Court repeatedly. It has been observed by this Court that a Certificate under Section 59 of the Kerala Police Act, 2011, need not be denied merely due to the pendency of a criminal case as a Certificate can be issued by incorporating a statement regarding the involvement of the applicant in the crime. Whether the involvement of the petitioner in such a crime is conducive for the grant of licence or permission sought for, is a matter to be considered by the appropriate authority or employer, as the case may be. However, the same is not a reason to deny issuance of certificate as requested for. In fact, Section 59 of the Kerala Police Act, 2011, identifies the certificate to be issued as involvement/non involvement of the applicant in a case.
6.Viewed in the above perspective, the certificate applied for by the petitioner can be issued to him by specifically mentioning his involvement in the crime, rather than rejecting the application. Hence, I am of the view that Ext. P2 is liable to be quashed.
Citations: [2026:KER:59071]
Other Sources:
https://indiankanoon.org/doc/49283518/
PRIME LEGAL | Criminal Case Pending? Kerala High Court Says It Can’t Be the Sole Reason to Deny Police Clearance Certificate
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