Government Job and Passport Eligibility with Criminal Cases: Key Insights
Important Circular from Kashmir Police
Recently, the Kashmir police issued a significant circular that everyone should be aware of. This circular addresses 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 like 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 authorities have the discretion 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 India, or if their travel poses a security threat. Additionally, if the applicant has received a sentence of two years or more within the last five years, the passport authority 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. Furthermore, if the central government believes that issuing a passport to an individual is not in the public interest, it can also deny the application.
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 an 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, 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 Job Eligibility
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, the character of the applicant is scrutinized. Typically, applicants are required to provide a character certificate and answer questions about any past arrests or pending cases.
If an individual has a criminal record, they are ineligible for government employment. Laws established by the High Court and Supreme Court state that applicants with a criminal record cannot be compelled to be hired. However, if someone conceals information about their criminal record, it can lead to serious consequences, including legal action against them and potential termination from their job.
Supreme Court Guidelines on Employment and Passport Issuance
The Supreme Court, in 2016, summarized various rulings over decades in the case of Avatar Singh vs. Union of India, establishing guidelines that clearly state individuals with criminal cases cannot be granted government jobs or passports. What are your thoughts on this matter? Please share your opinions in the comments, and don't forget to follow for more updates.