Rajasthan High Court rules adverse police verification cannot deny passport, upholds Citizens Rights [Read Order]

Rajasthan: The Rajasthan High Court has delivered a significant judgment, emphasizing that an adverse police verification report does not automatically disqualify a citizen from obtaining a passport.

Justice Anoop Kumar Dhand addressed the case of Savitri Sharma, who was denied passport renewal based on a disputed police verification report.

Rajasthan High Court Upholds Passport Rights Despite Adverse Police Verification

The court noted: “An adverse police verification report per se does not disqualify a citizen from exercising their legal right to obtain a passport. It is for the Passport Authority to consider the facts and antecedents of the applicant, as alleged in the verification report, before deciding whether a passport should be issued or refused.”

Fundamental Right to Travel Abroad: Landmark Judgment by Rajasthan HC

The judgment highlighted that the Passport Authority is not bound by an adverse police verification report and must apply independent reasoning before rejecting a passport application.

In this specific case, the court found no substantive evidence to support the claim that the petitioner was not an Indian national. The court observed that Savitri Sharma was born in Delhi, had passed CBSE examinations, and possessed a PAN card, Aadhaar card, voter ID, and driving license. She was also married to an Indian citizen.

The court directed the respondents to process the passport renewal application within eight weeks, emphasizing the citizen’s fundamental right to travel abroad under Article 21 of the Constitution.

Advocates Rakesh Chandel and Abhinav Bhandari appeared on behalf of the petitioner.
Advocate Manjeet Kaur represented the respondents.

Case title: Savitri Sharma vs Union of India

[Read Order]