Query Regarding Filing of PIL concering fake 498 A cases

825 votes

This is an issue that affects many professionals, but legally speaking, a PIL on this subject faces significant challenges. The first hurdle is that issuance of a Police Clearance Certificate (PCC) and the effect of a pending FIR are governed by existing administrative and police verification frameworks. Courts generally recognize that the State has a legitimate interest in disclosing pending criminal cases during certain background checks. However, your proposed PIL would not be entirely without substance because the grievance is not against investigation itself, but against the practical consequences of a mere FIR—particularly where no charge sheet has been filed and guilt has not been established. The argument would likely be founded upon: • Right to livelihood under Article 21. • Presumption of innocence. • Right to travel abroad. • Arbitrary deprivation of employment opportunities based solely on untested allegations. The challenge is that courts may ask: • Whether this is a matter of individual service/passport verification rather than public interest. • Whether there is empirical material showing widespread prejudice caused by FIR-based adverse PCCs. • Whether existing remedies already exist for affected individuals. Because of these issues, a broadly framed PIL may face maintainability objections unless it is supported by substantial data, policy analysis, and constitutional arguments. As to the forum, such a PIL could potentially be considered before the relevant High Court under Article 226 or, in an appropriate case involving nationwide policy concerns, before the under Article 32. The choice of forum would depend on the precise relief sought and the scope of the challenge. Regarding legal fees, I cannot quote or negotiate fees on behalf of any lawyer or law firm. If you wish to engage counsel, you would need to contact them directly for their fee structure, drafting charges, appearance fees, or any package arrangements.

Advocate Vaibhav Sangam Mishra LawRato

710 votes

A PIL can be filed before the Hon'ble Supreme Court under Article 32 or before the respective High Court under Article 226. However, maintainability will depend on showing violation of fundamental rights like Right to Livelihood and Travel under Article 21. Currently, mere registration of FIR does not automatically lead to adverse PCC remarks. As per existing guidelines, adverse entry in PCC is generally made only after chargesheet or conviction. Relief can be sought to issue directions to police/embassies to not treat FIR stage as adverse. For drafting, appearances and entire PIL, fee depends on seniority and court. A nominal package can be discussed post consultation. The appropriate forum would be Hon'ble Supreme Court for pan-India direction or respective State High Court.

Advocate Sangeeta Rai LawRato