01Facts
The petitioner, a British citizen and OCI cardholder, had lived in Kodaikanal for schooling from 20 July 1999 to 19 May 2001.
p. 3In connection with an application for Italian citizenship by marriage, he sought a Police Clearance Certificate (PCC) relating to his stay in India.
p. 4The Indian High Commission in London had issued a PCC, but the Italian authorities required one from the competent Indian police authority.
p. 4The petitioner then applied to the FRRO; his applications were not processed, reportedly because of technical and jurisdictional difficulties.
p. 4He filed this Article 226 petition seeking a direction to process the applications.
pp. 2–402Issues
i.1. Whether the petitioner’s applications for a Police Clearance Certificate should be considered by the FRRO authorities and determined by appropriate orders.
p. 4ii.2. Whether the Court should direct the authorities to decide the applications within a specified time.
p. 403Law Applied
The Court acted under its writ jurisdiction under Article 226, as invoked in the petition.
p. 2It directed the authorities to consider the applications and pass appropriate orders “in accordance with law”.
p. 4The judgment cites no specific statute, regulatory provision, or precedent governing issuance of a PCC.
04Reasoning
The petitioner had submitted PCC applications, but they remained unprocessed despite follow-ups and the provision of available documents.
p. 4Without deciding whether the petitioner was entitled to a PCC, the Court considered it appropriate to require the designated FRRO authorities to consider the applications and make a decision in accordance with law.
p. 4It imposed a two-week timeframe.
p. 405Holding
The Court directed respondents 3 and 4 to consider the petitioner’s PCC applications and pass appropriate orders in accordance with law within two weeks from 13 November 2026.
p. 4The writ petition was disposed of with no order as to costs.
p. 4Original Court PDF
Jai KharbandavsUNION OF INDIA
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