If you are stuck in such a situation, here is what to do.
Mr. Alok Sharma, a resident of Janakpuri, found himself in a difficult situation when his passport application, filed several months ago, came to a halt. The online status cryptically stated, 'Police Verification Report is not clear and is under review at the Regional Passport Office.' Mr. Sharma's case highlights a common problem faced by many applicants. His initial police verification was successful. However, the file was returned from the Superintendent of Police's office due to a discrepancy in his mother's name on different documents. He rectified this by submitting a valid Gazette notification. Despite this, the file was sent for a second police verification, the reasons for which were not communicated to him. Mr. Sharma suspects a minor difference in the address on a utility bill submitted during the first verification might have triggered this second check. Now, with his application stalled at the Regional Passport Office (RPO) in Navnagar for months without any formal communication, call, or email explaining the specific objection, he is unsure of the next steps to resolve the matter.
Advice in such cases
If your passport application is stuck with a vague status like "Police Verification Report is not clear," it can be frustrating. Here is a structured approach to tackle the issue:
- Visit the Regional Passport Office (RPO): The most direct way to get clarity is to visit the RPO where your application is being processed. Request an appointment or meet with the inquiry officer to understand the specific reason for the "unclear" report.
- File an RTI Application: You can file a Right to Information (RTI) application addressed to the Central Public Information Officer (CPIO) of the concerned RPO. Ask for specific details about the adverse or unclear police verification report and the reasons for the delay.
- Contact the SP Office: Since the police verification report originates from the local police and is routed through the SP office, you can also inquire there to understand what discrepancy was noted in their report sent to the RPO.
- Prepare Necessary Documents: Based on the feedback received, be prepared to submit additional documents. This could be a notarized affidavit clarifying discrepancies, updated address proofs, or any other document requested by the passport authority.
- 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
The entire process of issuing or refusing a passport is governed by the Passports Act, 1967. The key sections that come into play in such scenarios are:
- Section 6 of the Passports Act, 1967: This section details the grounds on which a passport authority can refuse to issue a passport. An "unclear" police verification report could lead the authority to believe that the applicant is suppressing material information, which is a ground for refusal under this section.
- Section 10 of the Passports Act, 1967: This section gives the passport authority the power to impound or cause to be impounded or revoke a passport or travel document if it is satisfied that the holder is in wrongful possession thereof or if any of the conditions for refusal under Section 6 exist.
- The Passport Rules, 1980: These rules lay down the detailed procedures for passport applications, verification, and issuance.
If you are the complainant
In this context, the "complainant" is the applicant who is aggrieved by the delay and lack of communication from the passport authorities.
- Document Everything: Keep a meticulous record of your application, all submitted documents, payment receipts, and any communication (or lack thereof) with the RPO and police.
- Follow Up Persistently: Regularly check the online status and follow up on your RTI application. If you visit the RPO, note the name of the officer you spoke with and the date of the visit.
- Escalate the Matter: If you receive no response from the RPO, you can escalate the grievance to the Chief Passport Officer (CPO) at the Ministry of External Affairs, New Delhi, through the official grievance portal.
- 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.
If you are the victim
As the victim of bureaucratic delay and ambiguity, your goal is to get your passport issued promptly.
- Be Proactive: Do not wait indefinitely for the RPO to contact you. The onus is often on the applicant to seek clarification and resolve the issues.
- Provide Clear Explanations: If the issue is a name change or address discrepancy, prepare a clear, concise written explanation supported by legal documents like a Gazette notification or a notarized affidavit.
- Legal Recourse: If all other avenues fail and the delay is unreasonable, you have the right to approach the High Court by filing a Writ Petition seeking a direction to the passport authority to take a decision on your application within a specified time frame.
- 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.
How the police behave in such cases
The police verification is a critical step. The police are tasked with verifying your identity, address, and checking for any criminal record. In cases of discrepancies, their behavior can vary:
- Procedural: In most cases, the police follow a standard procedure. They will visit the address provided, check your documents (ID and address proof), and may ask questions to neighbors to confirm your residence.
- Raising Minor Issues: Sometimes, minor issues like a slight variation in address on a utility bill or a name spelling can lead them to file an "adverse" or "unclear" report. They are expected to report facts as they see them.
- Request for Additional Documents: They might ask for additional documents on the spot to clear their doubts. It is advisable to cooperate and provide the requested information.
- Delays: Delays can occur due to the workload at the local police station or if the file gets misplaced or requires clarification from a senior officer.
FAQs people normally have
Why did my application go for a second police verification?
A second verification can be triggered if the first report was adverse or incomplete, if there was a major change in your application details (like address), or if the RPO requires further clarification on specific points.
What does "Police Verification Report is not clear" mean?
It means the report submitted by the police is either incomplete, contradictory, or flags a discrepancy that prevents the RPO from proceeding with the passport issuance. It is not necessarily "adverse" but requires clarification.
Can the RPO reject my application without telling me the reason?
No, the principles of natural justice require that you be given an opportunity to be heard. The RPO should ideally issue a show-cause notice or communicate the objection, allowing you to present your case or rectify the error. However, in practice, these communications can be delayed, forcing the applicant to be proactive.
What evidence is required?
The evidence required depends entirely on the nature of the discrepancy. Common documents include:
- For Name Discrepancies: A Gazette notification of the name change, a notarized affidavit (Annexure E of Passport Rules), and newspaper clippings announcing the name change.
- For Address Discrepancies: At least two updated and valid address proofs (e.g., Aadhar card, latest bank statement, registered rent agreement, latest utility bill). An affidavit explaining the different addresses might also be helpful.
- For Date/Place of Birth Discrepancies: Original birth certificate, school leaving certificate, or a court order.
How long will the investigation take?
Once you have identified the issue and submitted the required documents, the timeline for resolution can vary. If it's a minor clarification, the RPO might resolve it within a few weeks. However, if it requires a re-verification from the police, the process could take another 3-4 weeks or longer, depending on the efficiency of the local police and the RPO's workload. There is no fixed statutory timeline, but unreasonable delays can be challenged in court.
Advocate Sudhir Rao, Supreme Court of India
Facing a similar matter? Speak to a criminal advocate in Delhi — Advocate Sudhir Rao appears in bail, trial and appellate matters before the Delhi District Courts, the Delhi High Court and the Supreme Court of India.