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

Mr. Alok, a resident of a bustling metropolis named Suryanagar, found himself in a distressing situation. He had applied for a Tatkal passport a few months ago and, to his relief, received it promptly. However, his troubles began during the post-issuance police verification process. When he visited the local police station, the officer in charge demanded a substantial sum of money, citing a missing birth certificate, even though Mr. Alok had provided all other necessary documents as per the guidelines. When Mr. Alok refused to pay the bribe, the officer submitted an adverse verification report to the Regional Passport Office (RPO).

Unaware of this development, Mr. Alok was later shocked to learn that his file had been sent back to the same police station multiple times without any resolution. After several frustrating weeks, he secured an appointment at the RPO in Suryanagar, where he was advised to surrender his passport. The RPO gave him a final opportunity for police verification. Despite this, two more weeks have passed, and his file has still not reached the designated police station. His calls and visits to the station have been fruitless, leaving him in a state of uncertainty about whether his passport has been cancelled or is merely stuck in bureaucratic limbo.

Advice in such cases

Facing such a predicament can be overwhelming. It involves dealing with administrative hurdles and potential corruption. Here is a step-by-step guide on how to approach the situation:

• Do Not Pay Bribes: Never give in to demands for bribes. Paying a bribe is an offence and encourages a culture of corruption. It does not guarantee a favourable outcome.
• Document Everything: Maintain a detailed record of all interactions. Note down the dates of visits, the names and designations of officers you speak to, and a summary of the conversations. Keep copies of all applications, receipts, and correspondence.
• Follow Up in Writing: Instead of relying on verbal communication, follow up with the concerned authorities through written letters or emails. This creates a paper trail that can be used as evidence.
• Consult with Lawyer: 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 laws are relevant in this scenario:

• The Prevention of Corruption Act, 1988: Section 7 of this Act makes it an offence for a public servant to demand or accept a bribe. If an officer demands money for performing an official duty, they can be prosecuted under this law.
• The Passports Act, 1967: This Act governs the issuance and regulation of passports in India. Section 10(3) outlines the conditions under which a passport authority can impound or cause to be impounded or revoke a passport or travel document. An adverse police verification report can be a ground for such action.
• The Bharatiya Nyaya Sanhita, 2023 (BNS): Provisions related to extortion or a public servant disobeying the law with intent to cause injury could potentially be invoked depending on the specifics of the officer’s conduct.

If you are the complainant

If you are in a situation similar to Mr. Alok’s, you are the complainant against the system’s failure and the officer’s misconduct. Here’s what you should do:

• File a Complaint Against the Officer: Lodge a formal written complaint against the police officer who demanded the bribe. This complaint should be addressed to their senior officer, such as the Superintendent of Police (SP) or the Commissioner of Police. You can also file a complaint with the state’s Anti-Corruption Bureau (ACB) or Vigilance Department.
• Inform the RPO: Submit a detailed written representation to the Regional Passport Officer. Explain the entire sequence of events, including the demand for a bribe and the subsequent inaction. Attach copies of any evidence you have.
• Utilize Grievance Portals: Use online grievance redressal mechanisms like the CPGRAMS (Centralized Public Grievance Redress and Monitoring System) to register your complaint.
• Consult with Lawyer: 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 a victim of harassment and potential corruption, your primary goal is to get your passport cleared and hold the errant officer accountable.

• Act Swiftly: The moment a bribe is demanded, you should consider your legal options. Delay can sometimes be misconstrued.
• Appeal the Adverse Report: If you receive an adverse report, you have the right to know the reasons and appeal the decision with the RPO. Present your case with all the correct documentation.
• Seek Information via RTI: You can file a Right to Information (RTI) application with the police department to ask about the status of your verification file and the reasons for the delay.
• Consult with Lawyer: 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

While many police officers perform their duties diligently, instances of corruption and deliberate delays are unfortunately not uncommon in processes like passport verification. Some officers may intentionally create minor discrepancies or delay the process to solicit bribes. They might be non-communicative, refuse to provide status updates, or claim that your file is “lost” or “not received.” It is crucial to remain firm, polite, and persistent. Dealing with them through official, written channels often proves more effective than repeated personal visits or phone calls.

FAQs people normally have

What does an “adverse” police verification report mean?
An adverse report means the police have reported unfavourably on your application. This could be due to a discrepancy in your address, a criminal case against you, or, as in this case, a false report filed by an officer.

Can my passport be cancelled immediately due to an adverse report?
The RPO will typically issue a Show Cause Notice asking you to explain the adverse findings before taking a drastic step like revoking the passport. You are given an opportunity to present your side.

How can I escalate the matter if the RPO is not responding?
If the RPO does not resolve your issue, you can escalate it to the Chief Passport Officer (CPO) at the Ministry of External Affairs in New Delhi. In cases of extreme delay or illegality, filing a writ petition in the High Court is a powerful legal remedy.

What evidence is required?

To prove your case, especially the demand for a bribe, the following can be useful:

• Written Communications: Copies of your complaints to the SP, ACB, and RPO.
• Call Records: While recording conversations has legal nuances, call logs showing contact with the officer can support your statement.
• Witnesses: If someone was with you and witnessed the demand, their testimony can be valuable.
• Documentary Proof: A complete file of your passport application, all submitted documents, and receipts to prove your application was in order.

How long will the investigation take?

The timeline for resolving such issues can vary significantly. A police verification is supposed to be completed within 21 days as per government mandates. However, once a dispute arises, it can take several weeks or even months. An investigation into a corruption complaint will follow its own timeline. If you pursue the matter through legal channels, such as by filing a writ petition, the court may set a specific timeline for the authorities to act, which can expedite the process considerably.

Advocate Sudhir Rao, Supreme Court of India