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

Mr. Alok Sharma had a passport that expired in 2018 when he was still a minor. In 2019, the passport was formally cancelled by the authorities, possibly due to an adverse police verification report following a change of address. Now, in 2024, having turned 18, Mr. Sharma applied for a fresh passport under the Tatkal scheme, which promises expedited processing. However, upon visiting the Passport Seva Kendra in Janakpuri, officials informed him that his application could not be processed under the Tatkal scheme because of the previous cancellation. He was advised to re-apply under the normal category, which involves a much longer timeline.

Mr. Sharma is perplexed because his friend, Mr. Rohan Gupta, faced an identical situation just a year prior. Mr. Gupta’s minor passport had also been cancelled after expiry, yet he was able to successfully apply for and receive his new passport under the Tatkal scheme from the very same office without any issues. This inconsistency has left Mr. Sharma questioning the fairness and rules of the passport issuance process.

Advice in such cases

Navigating the passport application system, especially with a complicated history, can be challenging. Here is some advice:

• Obtain a Written Statement: Always ask the Passport Seva Kendra (PSK) officials for a written reason for converting your application from Tatkal to Normal or for any other objection. An oral denial is difficult to challenge.
• File an RTI Application: To understand the exact reason for the 2019 cancellation, file a Right to Information (RTI) application with the concerned Regional Passport Office (RPO). This will provide you with official records and correspondence related to the cancellation.
• Escalate the Matter: If you believe the decision is arbitrary, you can escalate the matter by meeting the Assistant Passport Officer (APO) or the Regional Passport Officer (RPO) at the main regional office. Present your case clearly with all supporting documents.
• 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 primary law governing the issuance and revocation of passports in India is The Passports Act, 1967.

• Section 6 of The Passports Act, 1967: This section details the grounds on which a passport authority can refuse to issue a passport or travel document. While it doesn’t explicitly bar Tatkal applications for previously cancelled passports, the authorities often use their discretion to move such cases to the normal queue for thorough vetting.
• Section 10 of The Passports Act, 1967: This section empowers the passport authority to impound or cause to be impounded or revoke a passport or travel document under certain conditions. Understanding the reason for your previous cancellation under this section is key to resolving your current application.
• Principles of Natural Justice: While the Passport Authority has discretion, its actions cannot be arbitrary. Inconsistent application of rules, as seen in the case of Mr. Sharma and his friend, can be challenged in a court of law as a violation of Article 14 of the Constitution of India (Right to Equality).

If you are the complainant

In this scenario, the applicant, Mr. Sharma, is the aggrieved party, not a complainant in a criminal sense. If you are an applicant facing a similar hurdle:

• Document Everything: Keep a meticulous record of all communications, application numbers, receipts, and names of officials you interact with.
• Prepare a Representation: Draft a formal letter (a representation) addressed to the Regional Passport Officer. Clearly state the facts of your case, highlight the inconsistency in their procedure by citing a similar case (if known), and request that your application be processed under the Tatkal scheme as per the rules.
• 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 help you draft a legally sound representation or advise on the next steps if the RPO does not provide a satisfactory resolution.

If you are the victim

If you feel victimized by an arbitrary or unfair decision by the passport authorities:

• File a Grievance: Use the official Passport India portal (www.passportindia.gov.in) to file a formal grievance. These are tracked and require a formal response from the RPO.
• Appeal to the Chief Passport Officer: If the RPO’s decision is unsatisfactory, you can appeal to the Chief Passport Officer (CPO), Ministry of External Affairs, in New Delhi.
• Legal Recourse: If all administrative remedies fail, the final option is to file a writ petition before the jurisdictional High Court. The court can review the passport authority’s decision and, if found to be arbitrary, illegal, or unfair, can direct them to issue the passport.
• 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

Police verification is a critical part of the passport issuance process. In cases with a history of cancellation or other red flags, the police verification becomes even more stringent. The police will visit your given address to verify your stay and check for any criminal records. If the previous passport was cancelled due to an adverse police report, the new verification will be conducted with extra scrutiny. A negative or “not recommended” report from the police will almost certainly lead to the rejection of the application, or at the very least, significant delays.

FAQs people normally have

Can a passport that was cancelled be re-issued?

Yes, a new passport can be issued after a previous one was cancelled. However, the applicant must first address and resolve the underlying reason for the cancellation. The application is typically processed under the “Normal” scheme to allow for detailed verification.

Why was my Tatkal application denied if my friend’s similar case was approved?

The Tatkal scheme is reserved for applicants with clear and straightforward cases. The decision to accept an application under Tatkal is at the discretion of the passport officials. A history of cancellation is a common reason to shift an application to the normal track. The inconsistency you experienced could be due to different officers handling the cases or a change in internal policy. This inconsistency can be a strong point in an appeal.

What does “cancelled due to unknown reason” mean?

A passport is never cancelled for an “unknown” reason. There is always an official reason on file, such as an adverse police verification report, suppression of material information, or a court order. It is crucial to use RTI to find out the exact reason.

What evidence is required?

To resolve such a case, you will need:

• All standard documents for a passport application (Proof of Address, Proof of Date of Birth, etc.).
• The original old passport that was cancelled.
• A copy of the RTI response stating the reason for the cancellation.
• A self-attested affidavit on a plain paper clearly explaining the circumstances of the previous cancellation and why a new passport should be issued.
• Proof of continuous stay at your current address.
• Your application receipt and any other correspondence from the passport office.

How long will the investigation take?

A normal passport application is typically processed within 30-45 days. However, when an application is flagged due to a prior cancellation, the timeline can extend significantly. The “investigation” involves re-verification by the police and a review by senior officers at the RPO. This process can take anywhere from two to six months, or even longer if there are further complications. This is precisely why such cases are generally kept out of the expedited Tatkal channel.

Advocate Sudhir Rao, Supreme Court of India