Case at a Glance
A.G. Perarivalan, set at liberty by the Supreme Court on 18.05.2022, applied for a fresh passport in 2024; his application was registered on 21.10.2024 and kept “On Hold” pending police verification for nearly two years. Justice P.T. Asha held that, once the Supreme Court had released him and the police themselves stated that no criminal case is pending, the Passport Authority’s reluctance to act only because it awaited a police report “is not correct.” The Court treated the Inspector of Police’s counter affidavit as the police verification report and directed the Passport Seva Kendra, Tambaram to dispose of the application within four weeks.
The petitioner was convicted by a designated TADA Court under several statutes, including TADA, the Arms Act, 1959 and the Explosive Substances Act, 1908, and was initially sentenced to death. The Supreme Court commuted the sentence to life imprisonment on 18.02.2014 and, by order dated 18.05.2022 in Crl.A. Nos. 833–834 of 2022, set him at liberty considering the period already undergone.
On 06.05.2024 he registered on the Passport Seva portal for a fresh passport under the Normal Scheme. At his appointment at the Passport Seva Kendra, Tambaram on 21.10.2024, the application (File No. MA3067042901524) was registered and placed “On Hold” pending police verification, which was initiated on 22.10.2024 and forwarded to the local police in Tirupathur District. Nothing moved for nearly two years. After a representation dated 01.09.2026 went unanswered, he filed a writ petition seeking a direction to decide the application, saying the delay was hurting his plans to study abroad. The Superintendent of Police, Tirupathur District was impleaded suo motu on 01.10.2026.
The Key Question Before the Court
Can the Passport Authority keep a passport application pending indefinitely only because a police verification report has not arrived, when the applicant has been set at liberty by the Supreme Court and no criminal case is pending against him?
Police Affidavit Stands In for the Missing Report
The police status report stated that they had been monitoring the petitioner’s activities and residence, and the Inspector of Police’s counter affidavit recorded that “no criminal case is presently pending against the petitioner” from his release on 18.05.2022 to date. The Court held that, since the Supreme Court had set him at liberty, the Passport Authority’s reluctance to process the application solely because it was awaiting the police report “is not correct.”
Because the counter affidavit also contained details of the petitioner’s mother and siblings, the Court held it could itself be treated as the police verification report, removing the reason for the hold. The Court also referred to the Full Bench decision in Jawahar Rajan v. The Regional Passport Officer (W.P.(MD) No. 26547 of 2025, decided 09.02.2026), which held that even a pending criminal case is not an absolute bar to the issue of a passport. With his sentence having ended in release, the Court found a writ of mandamus warranted.
What the Court Actually Held
- The Passport Authority cannot keep the application pending solely because it awaits a police report, when the applicant has been set at liberty by the Supreme Court.
- The police counter affidavit, stating that no criminal case is pending and giving family details, is to be treated as the police verification report.
- Following Jawahar Rajan v. The Regional Passport Officer (Full Bench), a pending criminal case is not an absolute bar to the issue of a passport.
- The Passport Seva Kendra, Tambaram must dispose of the application within four weeks of receiving the order; the writ petition was disposed of without costs.
Why This Judgment Matters
- Passport applications stuck for months or years “on hold” for police verification are a common grievance.
- It shows how a writ court can cut through an administrative impasse by treating sworn police material as the verification report.
- It recognises that a person whose sentence has ended in release by the Supreme Court cannot be left in indefinite administrative limbo.
What Should Advocates Take Away From the Judgment?
For Passport Applicants
- Keep a record of every step — portal registration, appointment date, file number and verification date.
- Send a written representation before approaching the High Court, as the petitioner did on 01.09.2026.
- A pending criminal case is not, by itself, an absolute bar to a passport, per the Full Bench in Jawahar Rajan v. The Regional Passport Officer.
For Counsel
- Implead the police authority responsible for verification so its stand comes on record, as the Court did suo motu here.
- Ask the Court to treat the police counter affidavit as the verification report where it covers antecedents and family details.
- Seek a time-bound mandamus rather than a direction to merely “consider” the application.
Key Takeaways
- Awaiting a police report is not a ground to keep a passport application pending indefinitely.
- A police counter affidavit can serve as the verification report.
- A pending criminal case is not an absolute bar to a passport (Full Bench, Jawahar Rajan).
- The Passport Seva Kendra has four weeks to dispose of the application.
Frequently Asked Questions
Did the High Court order that a passport be issued?
No. It issued a mandamus to the Passport Seva Kendra, Tambaram to dispose of the application within four weeks, treating the Inspector of Police’s counter affidavit as the police verification report. The decision on the application remains with the Passport Authority.
Why was the application on hold?
It was placed “On Hold” on 21.10.2024 pending police verification, and the verification report was not received for nearly two years.
What did the police tell the Court?
The Inspector’s counter affidavit stated that no criminal case is presently pending against the petitioner since his release on 18.05.2022, and also gave details of his family.
Conclusion
The order is short, but its message is practical: a passport file cannot sit idle for years because a police report has not come in, especially when the police themselves place the relevant facts on affidavit before the Court. The Court used that affidavit to break the deadlock and fixed a firm deadline for the Passport Authority.
Practical takeaway: Where a passport is held up only for police verification, a writ petition that brings the police on record can convert their affidavit into the missing verification and secure a time-bound decision.
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