Passport | Punjab & Haryana High Court Pulls Up State Authorities For Not Sending Police Verification In Prescribed Proforma

The Punjab & Haryana High Court has pulled up state authorities for not sending the police verification for issuing passport in the prescribed proforma, despite specific directions issued in different cases repeatedly.

In September 2023, observing that police authorities are sending incomplete reports which is the "root cause of denial of passport", the High Court directed police authorities to disclose complete status of FIR in verification done for issuing of the passport.

The Court had also emphasised that the proforma prepared for the information to be furnished by the Police Official in the meeting called by the Additional Solicitor General of India, pursuant to Mohan Lal @ Mohna vs. Union of India and others, should be followed.

In the present proceeding Justice Jagmohan Bansal said, "...despite specific orders passed in Mohan Lal @ Mohna (supra) as well as order dated 13.09.2023 in CWP No. 19314 of 2020, the State authorities have not started sending police verification report in the prescribed proforma. The passport authorities are also not asking the police officials to send their report in the prescribed proforma."

The afore-stated orders was passed "to avoid undesired litigation", Court said.

"Neither passport authorities nor the police authorities are interested to avoid litigation. The passport authorities are directed to implement the aforesaid orders in letter and spirit. If the authorities in future fail to implement the afore-stated orders, they would be hauled up in contempt proceedings," added the Court.

These observations came in a plea moved y an applicant denied passport due to "adverse police verification". He was acquitted in a criminal case and appeal against the same was pending before the High Court.

In the previous hearing, while noting that the police verification was not done as per the prescribed proforma which is the cause of the rejection of his application, the Court had issued notice to Union government and State.

Raman Sharma, Addl. A.G.Haryana, asserted that order passed by the Court in Mohan Lal @ Mohan case has not been circulated to field staff, thus, police officials are still sending report as per old proforma.

Senior panel counsel for Union of India submitted that the application of the petitioner would be considered and disposed of within six weeks.

In the light of the above, the plea was disposed of.

Citation: 2024 LiveLaw (PH) 13

Kushagra Beniwal, Advocate for the petitioner

Amit Sharma, Senior Panel Counsel for the Union of India

Raman Sharma, Addl. A.G.Haryana

Title: Vikramjeet Singh v. Union of India and others

Click here to read/download the order