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

Mr. Sameer Verma, a resident of Shantipur, recently applied for the re-issue of his passport. To his surprise, the local police submitted an adverse verification report, jeopardizing his application. The report cited two primary objections. Firstly, the police demanded a verification check at an address in Amanpur where Mr. Verma had lived over six years ago. This was despite the fact that his original passport was issued from that very address after a successful police verification, and he and his family had since sold the property and moved on. Secondly, the police insisted on conducting a verification at his company’s office in Vikas Nagar. This demand was made even though Mr. Verma works for ‘Innovatech Systems Ltd.’ entirely from his home in Shantipur and does not commute to the Vikas Nagar office. Faced with these seemingly arbitrary objections, Mr. Verma is now required to provide a clarification to the Regional Passport Office (RPO) and is concerned about the potential rejection of his application.

Advice in such cases

When faced with an arbitrary or unjust adverse police report for your passport, it is crucial to act methodically and not panic. Here are the steps you should consider:

• Gather all relevant documents immediately. This includes your current and valid address proofs (like Aadhaar card, rental agreement, utility bills), proof of employment from your company clearly stating your work-from-home status, and if possible, any documents related to the sale of your previous property (like a sale deed copy).
• Prepare a detailed written representation to be submitted to the Regional Passport Officer (RPO). In this letter, clearly and politely counter each objection raised in the adverse report. Attach self-attested copies of all the documents you have gathered.
• Visit the RPO in person to submit your representation. Request a meeting with a senior officer to explain your situation. A calm and clear explanation, backed by solid documentary evidence, can often resolve the matter swiftly.
• 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 and verifying passports in India is governed by the Passports Act, 1967. While police verification is a standard part of the procedure, its purpose is to verify the applicant’s identity, citizenship, current address, and to check for any criminal antecedents under prevailing laws like the Bharatiya Nyaya Sanhita (BNS). It is not meant to be a tool for harassment.

• Section 6 of the Passports Act, 1967 outlines the grounds on which a passport application can be refused. The reasons cited in Mr. Verma’s case do not fall squarely within these grounds, especially when he can provide valid documentation for his current residence and employment status.
• The police’s demand for verification at a previous, sold property is unreasonable, as the purpose is to verify the applicant’s *current* address. Similarly, demanding verification at an office the applicant does not physically attend is illogical.
• Such actions by the police can be challenged as arbitrary and beyond the scope of their verification duties. The RPO has the authority to overrule an adverse police report if the applicant provides satisfactory clarification and evidence.

If you are the complainant

If you are the applicant who has received an adverse report, you are essentially the aggrieved party or complainant against the procedural lapse. Here is how you should proceed:

• Formally file your written representation with the RPO. Ensure you get an acknowledgement of receipt. This creates a formal record of your complaint against the adverse report.
• If the RPO does not provide a satisfactory resolution within a reasonable time, you can escalate the matter by filing a grievance on the official passport portal or writing to the Chief Passport Officer (CPO) in New Delhi.
• 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. He can help you draft a strong legal notice to the RPO or, if necessary, file a writ petition in the High Court.
• A writ petition can be filed against the RPO for their inaction or arbitrary refusal, seeking a judicial order directing them to issue the passport.

If you are the victim

As a victim of procedural red tape and arbitrary objections, it’s important to protect your rights and pursue the matter diligently.

• Maintain a comprehensive file of all communications and documents. This includes your application, the adverse report (if you have a copy), your written representations, and any responses from the passport office.
• Do not offer any illegal gratification to resolve the matter. This will only create more legal trouble for you. Stick to the formal, legal channels.
• Follow up consistently but politely with the RPO. Keep a record of your visits and the names of the officers you speak with.
• 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 assess the legality of the police report and guide you on the most effective course of legal action.

How the police behave in such cases

While most police verifications proceed smoothly, some officers can be overly bureaucratic or misinterpret the rules. In situations involving circumstances like ‘work from home’ or previous addresses, officers may sometimes raise objections due to a lack of clarity or a rigid adherence to outdated procedures. They may fail to apply discretion and common sense, leading to unnecessary hurdles for the applicant. The purpose of verification is to confirm facts, not to create fictional obstacles. An adverse report based on unreasonable demands, such as verifying a sold property, reflects a procedural flaw that can be challenged at a higher level, i.e., the RPO.

FAQs people normally have

What evidence is required?

To successfully challenge an adverse report like this, you need to provide clear and convincing evidence. Key documents include:

• Proof of Current Address: At least two forms of valid proof, such as a one-year-old bank statement, rental agreement, electricity bill, or Aadhaar card with the current address.
• Proof of Employment: An official letter from your company’s HR department on their letterhead, stating your employment, designation, and explicitly confirming that your official work arrangement is ‘work from home’ from your current residential address.
• Proof Regarding Previous Address: A copy of the sale deed or a sworn affidavit stating that you no longer reside at the previous address and have no connection to it.
• A Cover Letter/Representation: A detailed letter addressed to the RPO explaining the entire situation and logically refuting each point in the adverse report, with all the above documents attached as annexures.

How long will the investigation take?

Once you submit your clarification and documents to the RPO, the timeline can vary. If the RPO is satisfied with your explanation, they can override the adverse police report and proceed with the passport issuance, which might take a few weeks. In some cases, the RPO may ask the police to conduct a re-verification, which can add another 2-3 weeks to the process. If the matter is not resolved and you have to resort to legal action like filing a writ petition, the timeline will depend on the court’s schedule, but often, courts dispose of such matters expeditiously.

Advocate Sudhir Rao, Supreme Court of India