issue police clearance certificates for those applicants against whom FIRs / criminal cases are pending. Considering the fact that the 1st respondent is not vested with the power to effect any modification in the specimen PCC format for Indian passport holders in Appendix-32 of the passport manual as provided by the External Affairs of Ministry, this Court hereby suo-motu impleads the Secretary, Ministry of External Affairs, Government of India, as the 3rd respondent. Mr.K.Govindarajan, the learned Deputy Solicitor General of India, takes notice for the 3rd respondent. It is a settled proposition of law that mere registration of a crime does not invoke either Section 6 or Section 10 of the Passports Act, and negating the petitioner's application for police clearance certificate exclusively for the purpose of obtaining a visa to travel abroad would amount to denial of fundamental rights available to him under Part III of the Constitution of India. This Court is duty bound to protect the fundamental rights of the citizens of India. A similar case has been dealt with by the Hon'ble High Court of Kerala in the case of EJO P.J., vs. Regional Passport Office, Ministry of External Affairs, Govt. Of India, in W.P.(C)No.9369 of 2023 and by an order dated 07.06.2023 and a favourable order was passed to the petitioner therein by the learned High Court of Kerala and the relevant portion of the same is extracted as follows:
