Prof Nazim Husain Al Jafri v. Government Of NCT Of Delhi & ORS.

$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI + PROF NAZIM HUSAIN AL JAFRI .....Petitioner Through:

Mr. Shadan Farasat, Sr. Adv. with Mr.

Harshit Anand, Adv.

versus GOVERNMENT OF NCT OF DELHI & ORS.

.....Respondents Through:

Mr. Anand Singh Khatri, ASC for State/R-1 & 2 with ACP Ram Phool Meena.

Ms. Arunima Dwivedi, CGSC for R-3 to 5.

CORAM:

JUSTICE PRATHIBA M. SINGH

O R D E R

% 18.06.2025 1.

This hearing has been done through hybrid mode. 2.

The present petition has been filed by the Petitioner- Prof. Nazim Husain Al Jafri under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, inter alia, seeking issuance of a Police Clearance Certificate (hereinafter, 'PCC') to the Petitioner in order to enable him to travel to Australia. 3.

The case of the Petitioner is that he is a Professor of History at Jamia Millia Islamia University, New Delhi and has received an invitation for attending the 10th World Archaeological Congress at Darwin, Australia, which is commencing from 22nd June 2025.

4.

The Respondent No.1- Government of National Capital Territory of The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Delhi and Respondent No.2- Station House Officer, P.S Jamia Nagar have filed a counter affidavit dated 17th June 2025 stating that the only FIR against the Petitioner is under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, being FIR No. 249/2024 PS. Jamia Nagar, which has already been stayed by this Court vide order dated 15th January 2025 passed in CRL.M.C. 179/2025 titled 'Prof Nazim Husain Al Jafri v. State of Govt. of NCT of Delhi & Ors.'. The operative portion of the said order reads as under:- "CRL.M.A. 971/2025

12. This is an application seeking stay of the proceedings arising out of F.I.R No. 249 of 2024 under Sections 3(1)(p)/3(1)(q) Sch. Castes and the Sch. Tribes (Prev. of Atro.) Act, 1989.

13. A perusal of the facts narrated in the F.I.R shows that there is no person named as a witness to the act of casteist slur made by the petitioner. The same is only in the supplementary statement of respondent No.2. The issue perhaps seems to be covered by the judgment of Ms. Gayatri @Apurna Singh (supra).

14. Till the next date of hearing, proceedings in F.I.R 249 of 2024 under Sections 3(1)(p)/3(1)(q) of the Sch. Castes and the Sch. Tribes (Prev. of Atro.) Act, 1989 and chargesheet filed under section 3(1)(r)/3(1)(s) of the Sch. Castes and the sch. Tribes (Prev. of Atro.) Act, 1989 registered at Police Station Jamia Nagar shall remain stayed."

5.

The Passport Authorities have also filed a counter affidavit dated 18th June 2025 stating that in such cases, there is a standard format in which the PCC is issued.

6.

The Petitioner has no objection if the PCC is issued in the said format as annexed with the counter affidavit filed by the Passport Authorities. The The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

said format which is annexed as Annexure R-2 in the counter affidavit filed by the Passport Authorities is reproduced hereunder:- 7.

Considering the nature of the matter and the fact that there is only one FIR registered against the Petitioner, which has already been stayed by this Court, let the Petitioner be issued the PCC in terms of Annexure R-2 filed by the Passport Authorities by 11:00 am of 19th June 2025. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

8.

The petition is disposed of in the aforesaid terms. Pending applications, if any, are also disposed of.

9.

Dasti.

PRATHIBA M. SINGH (VACATION JUDGE) JUNE 18, 2025 kk/ck The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.