IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17643 of 2009 1. KIRAN DEVI W/O SRI ARVIND KUMAR R/O VILL.- BARAI CHAK PATAM, P.O. PATAM, P.S.- NAYA RAM NAGER, DISTT.- MUNGER VERSUS 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE (D.M.), MUNGER 3. THE SUPERINTENDENT OF POLICE (S.P.), MUNGER 4. THE ADDITIONAL DISTRICT MAGISTRATE (ADM), IN CHARGE OF DISTRICT GENERAL SECTION, MUNGER 5. THE OFFICER-IN-CHARGE, NAYA RAM NAGER POLICE STATION, MUNGER ----------- 02 12.01.2010 The petitioner is a lady. She is a registered contractor with the Rural Works Department, Government of Bihar for her business purposes, as such, she is required to furnish a character certificate granted by the district authorities. She made such an application to the Collector- cum-District Magistrate, Munger. It was sent for enquiry and the Superintendent of Police issued a no objection certificate but the office of the Collector-cum-District Magistrate, Munger vide its communication dated 03.12.2008 has refused to grant her character certificate on the ground that the husband of the petitioner, Arvind Kumar Chaurasai is a named chargesheeted accused in Naya Ram Nagar P.S. Case No.135 of 1996, instituted under Section 302/34 of the Indian Penal Code read with Section 27 of the Arms Act and, as such, granting petitioner a character certificate would be mis- utilized by her husband. In my view, that is impermissible in a democratic country like India, which is governed by rule of law and the - 2 - Constitution. The rights under Article-19(1) (g) are to every citizen. Every individual is entitled to carry on business is his own right, merely because the husband of the petitioner is a chargesheeted accused in a criminal offence is no ground not to grant character certificate to the petitioner, especially when there is nothing adverse against the petitioner herself. The logic given is neither legal nor correct. If State has made it a condition precedent of furnishing a character certificate by an individual, who intends to do business with the State then it is the conduct of the individual that has to be seen and not the conduct of any other family member of his or her. I am, therefore, constrained to set aside Annexure-6 memo no.3279 dated 03.12.2008 issued from the office of the Collector-cum-District Magistrate, Munger and direct that character certificate, as may be, issued in accordance with law to the petitioner immediately not later than the four weeks from production of a copy of this order before the Collector-cum-District Magistrate, Munger, without insisting on purchase of NSC or deposit of any such to the benefit of the State. Accordingly, the writ petition stands disposed of. Trivedi/ (Navaniti Prasad Singh, J.)