Top News

Important Circular from Kashmir Police

Recently, the Kashmir police issued a significant circular that everyone should be aware of. This circular clarifies whether individuals with criminal cases can secure government employment or travel abroad. Field intelligence units have been instructed to verify if applicants for government jobs or passports have participated in activities such as stone-pelting or protests against the government. If a criminal record is found, security clearance will be denied.

Travel Restrictions for Individuals with Criminal Cases

According to Section 6(2) of the Indian Passport Act of 1967, passport officials have the authority to deny passport issuance. This applies if the applicant is not a citizen of India, has engaged in activities against the sovereignty and integrity of the country, or if their travel poses a threat to national security. Additionally, if the applicant has been sentenced to at least two years in the past five years, the passport officer can refuse to issue a passport.

This means that if there is an ongoing case in a criminal court against the applicant or if they have been convicted of a crime punishable by two years, their passport application may be rejected. The central government can also deny passport issuance if it deems it not in the public interest.

Relief Notification from the Ministry of External Affairs

The recent notification from the Ministry of External Affairs provides relief to those with pending criminal cases. If the applicant receives court permission, they can obtain a passport or travel document. Courts typically issue passports for a specified period, and if no duration is mentioned in the order, it may be valid for one year. Notably, a petition regarding the 1993 notification was filed in the Delhi High Court, which upheld the notification in 2016.

Legal Challenges and Government Employment

In this context, senior advocate Prashant Bhushan appealed against the decision in the Supreme Court, arguing that the section does not differentiate between serious and non-serious offenses or between bailable and non-bailable crimes, making it unjust. Regarding government jobs, character assessments are crucial. Applicants are typically required to provide character certificates and disclose any past arrests or pending cases.

If an individual has a criminal record, they may be ineligible for government employment. Laws established by the High Court and Supreme Court state that applicants with criminal records cannot be compelled to be hired. However, if someone conceals their criminal history, it can lead to serious consequences, including legal action and potential job termination.

Supreme Court Guidelines on Employment and Passport Issuance

The Supreme Court established guidelines in 2016 in the case of Avatar Singh vs. Union of India, summarizing various rulings over decades. In straightforward terms, individuals with criminal cases are not permitted to receive government jobs or passports. What are your thoughts on this matter? Please share your opinions in the comments, and don't forget to follow Himachali news.