If you are stuck in such a situation, here is what to do.

A young man, Mr. Rohan Verma, from the city of Prayagraj, is facing a challenging situation regarding his passport application. About fifteen years ago, following his parents’ divorce, Mr. Verma was legally adopted by his paternal grandmother, Mrs. Sunita Verma, with all the necessary legal documentation, including a registered adoption deed.

Last year, Mr. Verma applied for a passport. The application was processed by the Regional Passport Office (RPO) and forwarded for police verification. When he was summoned to the local Civil Lines Police Station, the officer in charge raised an issue, stating that his biological mother’s name was not on the application and demanded his father’s school leaving certificate. Mr. Verma explained that all details of his legal guardian, his grandmother, were correctly provided as per the law. However, the police insisted on the biological father’s details. This led to a year-long ordeal of back-and-forth communication, culminating in the police advising him to file a new application, refusing to clear the existing one.

Following their advice, Mr. Verma submitted a fresh application, this time including the documents the police had previously demanded. Shockingly, during the verification process for the new application, the same police station has now raised a contradictory objection: that the application contains his father’s name but not his legal guardian’s name. This cyclical and arbitrary behavior from the police is a clear case of harassment, seemingly designed to frustrate the applicant and stall the process indefinitely.

Advice in such cases

Facing such a situation can be incredibly stressful. Here are some steps you can take to address the issue effectively:

• Document Everything: Keep a detailed record of every interaction. Note down the date and time of your visits to the police station, the names and designations of the officers you speak with, and a summary of the conversation. Keep copies of all application forms, supporting documents, and any written communication.
• Do Not Give In to Illegal Demands: The police’s job is to verify the details you have provided. They cannot invent new requirements or make contradictory demands. Do not offer any money or “service charges” to expedite the process, as this amounts to bribery.
• Escalate to Senior Officers: If the local police station is uncooperative, escalate the matter to higher authorities. You can approach the Superintendent of Police (SP) of your district or the Commissioner of Police. Submit a written complaint detailing the harassment and the contradictory demands made by the officers.
• Contact the Regional Passport Office (RPO): The RPO is the primary authority for passport issuance. You can file a formal grievance with the RPO, explaining the undue delay and harassment by the police. Provide them with your application file number and a detailed account of the issue.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

Several legal provisions are relevant in such cases of harassment by a public servant:

• The Passports Act, 1967: This is the principal act governing the issuance of passports in India. The police verification is a procedural requirement under this act, and any undue delay or arbitrary refusal can be challenged.
• The Bharatiya Nyaya Sanhita, 2023 (BNS): Section 167 of the BNS deals with a public servant who knowingly frames an incorrect document or report with the intent to cause injury to any person. An adverse or delayed police verification report based on frivolous grounds could fall under this section.
• The Prevention of Corruption Act, 1988: If there is any hint or direct demand for a bribe by the police officer to provide a favorable report, it is a criminal offense under this Act.

If you are the complainant

As the person filing the complaint against the police’s conduct, you need to be systematic:

• Gather Your Documents: Compile a file containing your passport application, the adoption deed, and any other relevant documents that prove your case and show the police’s demands are baseless.
• Draft a Formal Complaint: Write a clear and concise complaint letter. Address it to the Superintendent of Police (SP) and the Regional Passport Officer (RPO). Detail the timeline of events, the names of the officers involved, and the contradictory reasons given for the delay.
• Submit and Follow Up: Submit the complaint to the respective offices and ensure you get an acknowledgment or receiving copy. Follow up regularly on the status of your complaint.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think. A lawyer can send a legal notice to the concerned police officials and the RPO, which often prompts immediate action.

If you are the victim

As the victim of harassment, it is important to assert your rights:

• Stay Calm and Firm: Do not get intimidated by the officials. Politely but firmly state your case and present your documents. When they make a demand, ask them to provide the legal basis or rule for it.
• Seek Higher Intervention: Your primary recourse is to move up the chain of command. The system has checks and balances, and senior officers are often more responsive to genuine grievances against their subordinates.
• Use the Grievance Redressal Mechanism: The Passport Seva portal has a robust grievance redressal system. Lodge your complaint online with the RPO, providing all necessary details. This creates an official record of your issue.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think. An advocate can guide you on the best course of action, whether it is filing a writ petition in the High Court for a direction to the passport authority or pursuing a complaint against the errant officers.

How the police behave in such cases

In many instances of passport verification, particularly where the applicant’s personal circumstances are slightly complex (like adoption, divorce, or name changes), some police personnel may try to exploit the situation. Their behavior often includes:

• Creating Confusion: They deliberately raise frivolous or contradictory objections to confuse and frustrate the applicant.
• Causing Delays: They will intentionally delay submitting the verification report, hoping the applicant will become desperate.
• Hinting at a Bribe: The entire ordeal is often a tactic to extract a bribe. They might suggest that a “small payment” can make the “problems” go away and speed up the process.
• Misinterpreting Rules: They may feign ignorance of rules, such as those concerning legal guardianship versus biological parents, to justify their obstructive behavior.

FAQs people normally have

Can the police insist on biological parent’s details after a legal adoption?

No. Once a legal adoption is finalized with a registered adoption deed, the adoptive parents (or guardian, in this case) become the legal parents for all intents and purposes. The police must verify the details based on the legal documents provided, not on the applicant’s biological history.

What is the role of the Regional Passport Officer (RPO) in such a dispute?

The RPO has the final authority on passport issuance. If the police submit an adverse or delayed report, the RPO can overrule it if the applicant provides satisfactory documents and explanation. The RPO can also seek clarification from the police or direct a re-verification by a different officer or station.

Is it better to re-apply or challenge the police’s adverse report?

As seen in Mr. Verma’s case, re-applying does not guarantee a solution if the harassment is intentional. It is generally better to challenge the adverse report or undue delay of the first application by escalating the matter to the SP and the RPO. This addresses the root cause of the problem.

What evidence is required?

To build a strong case against police harassment, you should have the following evidence:

• A copy of your passport application and the acknowledgment receipt.
• Copies of all supporting documents you submitted, especially the registered adoption deed.
• A written timeline of all events, including dates of visits, names of officers, and the specific objections they raised each time.
• Copies of any formal complaints you have filed with the SP, RPO, or other authorities, along with their acknowledgments.
• While recording conversations without consent can be legally tricky, maintaining a detailed diary or log of what was said during each interaction is crucial evidence.

How long will the investigation take?

The duration depends on the channel you use. A complaint to the SP or RPO may resolve the immediate issue of passport verification within a few weeks. They can instruct the police station to complete the verification promptly and correctly. A formal departmental inquiry against the harassing officer might take a few months. If you choose to take the matter to court through a lawyer, the timeline will depend on the court’s schedule, but often the mere filing of a case prompts the authorities to act swiftly to avoid judicial scrutiny.

Advocate Sudhir Rao, Supreme Court of India