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reported by: Salil Tiwari

Last updated: June 14, 2023 at 7:10 PM IST

A petition was filed for direction to the Regional Passport Office, Panampili Nagar, Cochin, for issuance of a Police Clearance Certificate in favor of the petitioner who was working in Kuwait.

A petition was filed for direction to the Regional Passport Office, Panampili Nagar, Cochin, for issuance of a Police Clearance Certificate in favor of the petitioner who was working in Kuwait.

“If our vision of a digital India is to be realized, we must be ready to change every minute to catch up with the global world and not adopt a rigid pedantic approach,” the court said.

Hearing a case where the Embassy of Kuwait did not accept a Police Clearance Certificate issued by the Regional Passport Office in Cochin, the Kerala High Court noted that certificates issued by the Indian government and legal authorities must be of global standards.

“We are in the era of artificial intelligence and the 5G revolution. Our nation is the frontrunner in technology… Certificates issued by the government and legal authorities should be internationally acceptable, especially when India is a signatory to international agreements and treaties.”

A petition was filed for direction to the Regional Passport Office, Panampili Nagar, Cochin, for issuance of a Police Clearance Certificate in favor of the petitioner who was working in Kuwait.

The petitioner’s estranged wife had brought a case against him alleging spousal offences. The petition for dissolution of the marriage was still pending before the Family Court.

To work in Kuwait, the petitioner needed a Police Clearance Certificate (PCC), which contained a bar code, his scanned photograph and details of the criminal case pending against him.

However, the PCC issued to him lacked a barcode and for this reason, the Kuwait Embassy refused to accept it. Therefore, the petitioner knocked on the door of the court.

The court noted that the passport authority had taken the position that PCCs are issued from the system based on the database of the Ministry of Foreign Affairs and that the central database allows issuance of bar codes and scanned images only if the applicant has no criminal record; Otherwise, only a manual certificate can be issued without the bar code and scanned image.

The court considered that the Passports Authority’s position was “blasphemous, naive and unacceptable.”

In the case of such a case, where there is global demand due to the advent of technology, the court said, the authorities cannot throw their hands in the air and express helplessness.

“…the government and the apparatus must be aware of the ever-emerging global demands. If our vision in a digital India is to be realized, we must be ready to change every minute to catch up with the global world and not adopt a pedantic and rigid approach,” the court said.

The court said the problem could be resolved by making minor modifications to the central database.

It directed the Passports Authority to immediately address the matter with the competent authorities to make the necessary adjustments in the central system. “…so that the above case can be avoided throughout the country,” the court said.

Further, the court directed the competent authority of the Ministry of Foreign Affairs to take immediate steps to update the central database and issue a PCC certificate to the petitioner with barcode, his scanned image and criminal case details.

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