Kerala High Court Directs Customized Police Clearance Certificate With Details On Pending Criminal Cases To Rapper Vedan To Perform Abroad

Justice Murali Purushothaman was considering a writ petition filed by Vedan, officially known as Hirandas, who sought a Police Clearance Certificate after he was invited to perform in UK and Ireland.

The Court noted that Vedan is arrayed as accused in four separate crimes registered by various police stations. In the crime registered by the Hill Palace police station for the offences under the NDPS Act, final report has been filed. Vedan is also accused of offences under the Wildlife Protection Act for alleged possession of a leopard tooth for which he was granted bail.

In the case registered by the Thrikkakara police accusing him of rape on the false promise to marry, the High Court had granted him anticipatory bail and had also permitted him to travel abroad without prior permission. In the sexual harassment case registered by the Central police station, the Sessions Court had granted Vedan pre-arrest bail on conditions, which were modified by the High Court to permit him to go abroad for international tour.

Vedan had applied for PCC and since he was not issued with one, he approached the High Court for a direction to the Passport Officer. The Senior Panel Counsel representing the Passport Officer stated that an adverse police verification report has been obtained since Vedan is accused in the four cases.

Vedan's counsel submitted that earlier, the High Court had directed issuance of PCC to allow him to visit other countries and a similar direction be granted. The Senior Panel Counsel stated that only a customized PCC can be issued and based on the orders of the Court.

After hearing the parties, the Court referred to Siju v. Regional Passport Officer (2021 KHC 1002), wherein it was held that pendency of criminal case does not bar foreign travel if permission is granted by the jurisdictional court where the case is pending. It then directed:

“Accordingly, this writ petition is disposed of directing the 1st respondent to issue a customized PCC to the petitioner, showing the details of the criminal cases pending against him…The needful shall be done within a period of two weeks from the date of receipt of a certified copy of this judgment. It is made clear that the petitioner shall not leave the country without getting express permission from the courts concerned in cases where no orders are granted permitting him to travel abroad.”

Counsel for the petitioner: C. Dheeraj Rajan, Anand Kalyanakrishnan, Libin Varghese, Ganesh Chandran S.

Counsel for the respondents: C. Dinesh – Senior Panel Counsel, Jahana Sherin – Government Pleader