122 IN THE HIGH COURT OF PUNJAB AND HARYANA HARINDER SINGH STATE OF PUNJAB AND OTHERS CORAM: HON’BLE MR. Present: Mr. Rahul Soi, Advocate (through video conferencing) HARPREET SINGH BRAR 1. Prayer in the present petition filed Nagrik Suraksha Sanhita, 2023 for issuance of appropriate directions to respondent Nos.2 or 3 to decide the applications dated 07.02.2025, 22.02.2025 and 13.04.2025 (Annexure P Certificate (PCC) 2. Learned counsel for the petitioner petitioner is the father of Jasmeen Kaur Zeland on the work VISA and is aggrieved against the act of police officials, who are not issuing the work VISA of daughter of the petitioner she is an Indian Citizen, holding 08.09.2021, which is valid till 07.09.2031. daughter of the petitioner has applied for through proper channel for the purpose of renewal of her Zealand. Thereafter, she applied for necessary IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH HARINDER SINGH V/S PUNJAB AND OTHERS HON’BLE MR. JUSTICE HARPREET SINGH BRAR Mr. Rahul Soi, Advocate for the petitioner. (through video conferencing) **** HARPREET SINGH BRAR, J. (ORAL) Prayer in the present petition filed under Section 528 of Bharatiya Nagrik Suraksha Sanhita, 2023 for issuance of appropriate directions to respondent Nos.2 or 3 to decide the applications dated 07.02.2025, 22.02.2025 and 13.04.2025 (Annexure P-1) for issuance of the Police Clearance ate (PCC). Learned counsel for the petitioner petitioner is the father of Jasmeen Kaur, who is currently residing in New on the work VISA and is aggrieved against the act of police officials, who are not issuing the Police Clearance Certificate (PCC) ork VISA of daughter of the petitioner is due to expire on 28.08.2025 and she is an Indian Citizen, holding Indian Passport 08.09.2021, which is valid till 07.09.2031. It is further contended that the daughter of the petitioner has applied for Police Clearance Certificate (PCC) through proper channel for the purpose of renewal of her Zealand. Thereafter, she applied for necessary IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-26237-2025 Date of decision: 14.05.2025 ...PETITIONER ...RESPONDENTS HARPREET SINGH BRAR for the petitioner. under Section 528 of Bharatiya Nagrik Suraksha Sanhita, 2023 for issuance of appropriate directions to respondent Nos.2 or 3 to decide the applications dated 07.02.2025, 22.02.2025 1) for issuance of the Police Clearance Learned counsel for the petitioner inter alia contends that the , who is currently residing in New on the work VISA and is aggrieved against the act of police officials, Police Clearance Certificate (PCC) to her. Further, is due to expire on 28.08.2025 and Indian Passport, issued at Amritsar on It is further contended that the Police Clearance Certificate (PCC) through proper channel for the purpose of renewal of her work VISA in New Zealand. Thereafter, she applied for necessary Police Clearance Certificate MANISHA 2025.05.17 12:07 I attest to the accuracy and authenticiy of this order/judgment CRM-M-26237 (PCC) through online portal on 16.04.2025 on 17.04.2025, stating therein that there is a discrepancy in the address as mentioned in the that the daughter of the petitioner clarification and documentation due to her ongoing matrimonial dispute as discernible from Annexures P the petitioner is mentioned at Village Ball, Post Office Heir, Amritsar i.e. address of her matrimonial home, however dispute, as and when the local police visits Village Ball, her in operate or refuse to acknowledge her being married in their village. Furthermore, the Samrala, Khanna, District Ludhiana, which falls under the jurisdiction of Senior Superintendent of P Police Clearance Certificate (PCC) Earlier also, the petitioner has moved detailed representation on 01.05.2025 to the Commissioner of Police, Amritsar for redressa as of now, no response is forth coming from the office of respondent No.2. As the VISA of daughter of the petitioner is going to expire on 28.08.2025 petitioner is constrained to approach this Court as the respondents would cause severe inconvenience and hardship to his daughter and jeopardize her ability to continue staying and working in New Zealand. Reliance in this regard has been placed upon Municipal Corporation Clearance Certificate (PCC) daughter of the petitioner enshrined under Articles 19(1)(g) and 21 of 26237-2025 2 through online portal on 16.04.2025, however, she received an e on 17.04.2025, stating therein that there is a discrepancy in the address as mentioned in the application vis-à-vis the passport. that the daughter of the petitioner has duly replied to the said e clarification and documentation due to her ongoing matrimonial dispute as discernible from Annexures P-2 to P-4. Further, the the petitioner is mentioned at Village Ball, Post Office Heir, Amritsar i.e. address of her matrimonial home, however, due to the ongoing matrimonial dispute, as and when the local police visits Village Ball, her in operate or refuse to acknowledge her being married in their village. the parental address of the petitioner is in Village Mushkabad, Samrala, Khanna, District Ludhiana, which falls under the jurisdiction of Senior Superintendent of Police, Khanna and the petitioner has no objection of Police Clearance Certificate (PCC) being issued from either jurisdiction. Earlier also, the petitioner has moved detailed representation on 01.05.2025 to the Commissioner of Police, Amritsar for redressa as of now, no response is forth coming from the office of respondent No.2. As the VISA of daughter of the petitioner is going to expire on 28.08.2025 petitioner is constrained to approach this Court as the respondents would cause severe inconvenience and hardship to his daughter and jeopardize her ability to continue staying and working in New Zealand. Reliance in this regard has been placed upon Municipal Corporation, 1985 (3) SCC 545 and submits that denial of Police Clearance Certificate (PCC) amounts to violation of the fundamental rights of daughter of the petitioner enshrined under Articles 19(1)(g) and 21 of , however, she received an e-mail on 17.04.2025, stating therein that there is a discrepancy in the address as vis the passport. Learned counsel submits has duly replied to the said e-mail with clarification and documentation due to her ongoing matrimonial dispute as er, the address of the daughter of the petitioner is mentioned at Village Ball, Post Office Heir, Amritsar i.e. due to the ongoing matrimonial dispute, as and when the local police visits Village Ball, her in-laws do not co- operate or refuse to acknowledge her being married in their village. parental address of the petitioner is in Village Mushkabad, Samrala, Khanna, District Ludhiana, which falls under the jurisdiction of and the petitioner has no objection of issued from either jurisdiction. Earlier also, the petitioner has moved detailed representation on 01.05.2025 to the Commissioner of Police, Amritsar for redressal of the grievance raised, but as of now, no response is forth coming from the office of respondent No.2. As the VISA of daughter of the petitioner is going to expire on 28.08.2025, the petitioner is constrained to approach this Court as the action of the official respondents would cause severe inconvenience and hardship to his daughter and jeopardize her ability to continue staying and working in New Zealand. Reliance in this regard has been placed upon Olga Tellis vs. Bombay and submits that denial of Police amounts to violation of the fundamental rights of daughter of the petitioner enshrined under Articles 19(1)(g) and 21 of MANISHA 2025.05.17 12:07 I attest to the accuracy and authenticiy of this order/judgment CRM-M-26237 Constitution of India (PCC), which is a pre New Zealand, justification. 3. Notice of Motion. 4. On the asking of the Court, Punjab accepts notice on behalf of respondent that after the Police Clearance Certificate (PCC) was sought in Amritsar, thrice, the jurisdictional police officials visited villag District Amritsar, however, no one was found at the address and the person, who was present there did not co submits that it is the duty of the authorities to process and issue necessary Police Clearance Certificate (PCC). Learned State counsel submits that as mentioned in the representation as well as in the petition petitioner applie would be processed and issued within a period of four weeks thereafter. 5. In view of direction to respondent No.3 to proces and when, the petitioner applies for Police Clearance Certificate (PCC), parental address of Jasmeen Kaur i.e. daughter of the petitioner at Village Mushkabad, Samrala, Khanna, District Ludhiana. May 14, 2025 manisha (i) (ii) 26237-2025 3 Constitution of India. Hence, the denial of the Police (PCC), which is a pre-requisite for employment and VISA continuation in curtails her constitutional rights without any lawful Notice of Motion. On the asking of the Court, Mr. Subhash Godara, Addl. A.G., accepts notice on behalf of respondents that after the Police Clearance Certificate (PCC) was sought in Amritsar, thrice, the jurisdictional police officials visited villag District Amritsar, however, no one was found at the address and the person, who was present there did not co-operate with the police officials. He further submits that it is the duty of the authorities to process and issue necessary nce Certificate (PCC). Learned State counsel submits that as mentioned in the representation as well as in the petition petitioner applies for Police Clearance Certificate (PCC) at Khanna, the same would be processed and issued within a period of four weeks thereafter. In view of the above, present petition is disposed of with a direction to respondent No.3 to process the application , the petitioner applies for Police Clearance Certificate (PCC), parental address of Jasmeen Kaur i.e. daughter of the petitioner at Village Mushkabad, Samrala, Khanna, District Ludhiana. (HARPREET SINGH BRAR Whether speaking/reasoned Whether reportable . Hence, the denial of the Police Clearance Certificate requisite for employment and VISA continuation in curtails her constitutional rights without any lawful Mr. Subhash Godara, Addl. A.G., s-State and per contra, submits that after the Police Clearance Certificate (PCC) was sought in Saanjh Kendra, Amritsar, thrice, the jurisdictional police officials visited village Ball in District Amritsar, however, no one was found at the address and the person, operate with the police officials. He further submits that it is the duty of the authorities to process and issue necessary nce Certificate (PCC). Learned State counsel submits that as mentioned in the representation as well as in the petition, in case, the for Police Clearance Certificate (PCC) at Khanna, the same would be processed and issued within a period of four weeks thereafter. the above, present petition is disposed of with a s the application within four weeks, as , the petitioner applies for Police Clearance Certificate (PCC), at the parental address of Jasmeen Kaur i.e. daughter of the petitioner at Village Mushkabad, Samrala, Khanna, District Ludhiana. HARPREET SINGH BRAR) JUDGE Yes/No Yes/No MANISHA 2025.05.17 12:07 I attest to the accuracy and authenticiy of this order/judgment