One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

Mr.X applied for a passport in DD/MM/YYYY and underwent police verification in City A. The verifying officer demanded documents related to his mother’s lineage, which were unavailable as all family members had passed away. Despite explaining the circumstances, the officer marked the verification report as adverse. Suspecting the officer was seeking bribes, Mr.X approached the Regional Passport Office and requested re-initiation of verification. However, after three consecutive adverse reports from different officers, the case was referred to passport vigilance inquiry. Mr.X faced significant delays and harassment throughout the process, affecting his travel plans and employment opportunities. The repeated adverse reports appeared to be part of a systematic corruption scheme where officers deliberately create obstacles to extract money from applicants.

Advice in Such Cases

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 to 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.

• Document every interaction with police officers including dates, names, and demands made
• File a formal complaint with the Senior Superintendent of Police regarding corruption and harassment
• Request a detailed written explanation for each adverse report from the Regional Passport Office
• Submit an RTI application to obtain copies of all verification reports and communications

Applicable Sections of Law

Under the Bharatiya Nyaya Sanhita (BNS), several sections apply to such cases. Section 61 deals with criminal intimidation by public servants, while Section 62 addresses wrongful restraint of liberty. Section 218 covers public servants disobeying law with intent to cause injury. Section 384 deals with extortion, which is applicable when officers demand bribes. Under Bharatiya Nagarik Suraksha Sanhita (BNSS), Section 173 provides procedures for investigation of complaints against public servants. Additionally, the Prevention of Corruption Act and Right to Information Act provide additional legal remedies for addressing such misconduct by government officials.

If You Are the Complainant

• File a detailed complaint with the Anti-Corruption Bureau providing all evidence of demands for bribes or illegal documentation
• Submit a representation to the Regional Passport Officer with supporting documents explaining your family circumstances
• Request transfer of your case to a different police station for fresh verification
• Maintain detailed records of all expenses incurred due to delays including travel costs and lost opportunities
• Contact the Passport Seva Portal grievance redressal mechanism for formal complaint registration

If You Are the Victim

• Immediately report the incident to the Central Vigilance Commission through their online complaint portal
• Gather character certificates from reputable persons in your locality to counter adverse reports
• Approach the High Court through a writ petition if administrative remedies fail to provide relief
• Contact local media and social activists to highlight systematic corruption in passport verification process
• Join hands with other similarly affected applicants to file a collective complaint against the concerned officials

How the Police Behave in Such Cases

Police officers conducting passport verification often exploit their position by creating artificial obstacles and demanding irrelevant documents. They may claim insufficient documentation even when applicant provides all required papers. Officers sometimes delay the process deliberately to pressure applicants into paying bribes. In genuine cases, they should conduct verification within prescribed timelines and provide clear reasons for any adverse findings. However, corrupt officers often give vague explanations and refuse to accept alternative evidence or explanations for missing documents.

FAQs People Normally Have

Can police demand documents not mentioned in passport guidelines? No, officers cannot demand documents beyond those specified in official passport application guidelines.

What if deceased family member’s documents are not available? You can submit an affidavit explaining circumstances and provide alternative evidence like death certificates or family member testimonies.

How many times can verification be re-initiated? There is no specific limit, but after multiple adverse reports, case may be referred to vigilance inquiry.

Can I directly approach passport office bypassing police verification? No, police verification is mandatory, but you can request transfer to different police station if facing harassment.

What Evidence Is Required?

• Audio or video recordings of officers demanding bribes or irrelevant documents
• Written communications between you and passport office including all correspondence
• Character certificates from local residents, employers, and community leaders
• Death certificates and other family documents available to explain circumstances
• Bank statements and financial records to demonstrate legitimate income sources
• Employment records and educational certificates establishing your background
• Witness statements from people who observed officer’s behavior during verification

How Long Will the Investigation Take?

Passport vigilance inquiry typically takes 3-6 months depending on complexity of case and workload of investigating authority. However, if corruption charges are involved, investigation may extend to 8-12 months. Administrative remedies through Regional Passport Office usually take 30-60 days. Court proceedings, if initiated, may take 1-2 years for final resolution. The timeline can be expedited by providing complete documentation and following up regularly with concerned authorities through proper legal channels.

Advocate Sudhir Rao, Supreme Court of India