Court directs authorities to decide passport application within three months despite adverse police report relating to a decades-old FIR
In a significant ruling delivered on September 9, 2026, the Jammu & Kashmir and Ladakh High Court, Srinagar bench, presided over by Justice Mr. Rajnesh Oswal, clarified the scope of police verification in passport issuance. The Court held that the issuance of a passport cannot be denied merely because of an adverse police verification report if no charge sheet or case arising from the FIR is currently pending before a court.
The petition was filed by 78-year-old Mohammad Ramzan Wani, who sought a direction to the Union of India and other respondents to issue him a passport. The petitioner's initial passport application was rejected on the basis of a police verification report dated December 26, 2022, which indicated his involvement in an FIR No. 111/1988 registered at Police Station Safa Kadal, Srinagar, under Section 307 of the Ranbir Penal Code (RPC). Although a charge sheet was filed in 1988 against the petitioner, the subsequent inquiry by the 3rd Additional Sessions Judge, Srinagar, confirmed that no case remains pending against him.
Respondents had asked the petitioner to provide "no objection" or acquittal orders from the concerned court, but the petitioner did not respond to the notice. The Court, however, emphasized that once it is established that no legal proceedings are pending, the passport authorities cannot reject the application solely on the basis of an adverse police verification report. The CID and police verification reports, while relevant, do not have the prerogative to deny relief where no other legal impediment exists.
Accordingly, the Court disposed of the petition with a clear directive to the passport authorities (Respondents No. 1 and 3) to decide the petitioner's passport application within three months from the date they receive a certified copy of the judgment. This decision ensures that administrative authorities comply with principles of fairness and do not unduly withhold passports based on outdated or irrelevant police reports.
This judgment reinforces the rule that passport issuance is a statutory right subject to certain legal restrictions, and adverse police remarks alone, without a pending case, cannot be a ground for denial. It provides a vital precedent protecting citizens' rights against unwarranted administrative delays or rejections in passport matters.
Bottom Line:
Passport issuance cannot be denied solely based on adverse police verification report when no case is pending against the applicant, as per the court's findings.
Statutory provision(s):
Section 307 RPC (Ranbir Penal Code), Passport Act provisions (implicitly applied), Administrative law principles related to passport issuance and police verification
Mohammad Ramzan Wani v. Union of India, (J&K)(Srinagar) : Law Finder Doc Id # 2979233
