Court quashes adverse police report labeling petitioner as Nepali national; directs authorities to consider birth certificate and Citizenship Act provisions for passport grant.
Shimla, October 1, 2026: In a significant judgment delivered by Mr. Justice Sandeep Sharma of the Himachal Pradesh High Court, the court has affirmed the citizenship of Shitla Devi by birth under Section 3 of the Citizenship Act, 1955, and directed the State authorities to issue a fresh police verification report to facilitate the issuance of her passport.
The petitioner, Shitla Devi, born on May 3, 1972, in Patlikuhl village, Manali, Kullu district, had applied for a passport which was denied on the grounds of an adverse police verification report (PVR) stating that she was a Nepali national. The petitioner challenged this report through a writ petition, asserting her citizenship by virtue of her birth in India as evidenced by her birth certificate issued by the competent authority.
The court observed conflicting police verification reports. While one report classified the petitioner and her son as permanent residents of Nepal, another police verification stated that they were permanent residents of Patlikuhl, Manali, and citizens of India. The court found that the birth certificate clearly established the petitioner's birth in Indian territory in 1972.
Relying on Section 3 of the Citizenship Act, 1955, the court emphasized that every person born in India between January 26, 1950, and July 1, 1987, is a citizen of India by birth, except in specific exceptions not applicable in this case. Since the petitioner was born during this period, she is entitled to Indian citizenship for all legal purposes.
The court upheld the passport authority's reliance on police verification but held that in light of the petitioner's citizenship status, the State was obliged to conduct a fresh police verification report that correctly records her citizenship by birth. The court ordered that this fresh verification be completed within two weeks, enabling the passport authorities to consider the petitioner's application afresh and grant the passport in accordance with the law.
This ruling reinforces the principle that citizenship by birth under the Citizenship Act cannot be overlooked based on erroneous or conflicting local inquiries and that administrative authorities must align their reports with statutory mandates and official records such as birth certificates.
Bottom Line:
Citizenship Act, 1955 Section 3 Person born in India on 03.05.1972 is citizen of India by birth - Passport cannot be denied on basis of adverse police verification treating petitioner as Nepali national - State directed to issue fresh police verification report keeping in view Section 3 of Citizenship Act.
Statutory provision(s):
Citizenship Act, 1955 Section 3
Shitla Devi v. State of Himachal Pradesh, (HP) : Law Finder Doc Id # 2989826
