IMPORTANT POINT
The right to travel abroad is a fundamental right under Article 21, and adverse police verification does not automatically disqualify passport issuance.

ORDER :

Anoop Kumar Dhand, J.

1. By way of filing of this writ petition, a prayer has been made for issuing directions to the respondents to renew the passport of the petitioner.

2. Learned counsel for the petitioner submits that the petitioner is an Indian National and she was having passport bearing No.K3335738, which was issued to her on 17.05.2012 and the same was valid till 16.05.2022. Learned counsel submits that when an application was submitted by the petitioner for renewal of the aforesaid passport, it has not been renewed by the respondents and the said application was rejected, without assigning any justified reason in writing, hence under these circumstances, the petitioner has approached this Court.

3. Learned counsel for the respondents opposed the arguments raised by learned counsel for the petitioner and submitted that the Regional Passport Office, Delhi sought a verification report from the Police in this regard and an adverse report was submitted by the Police on 07.08.2022 with the remarks, “Photo identical Nationality doubtful (Nepali) as per applicant written statement”. Learned counsel submits that the identity of the petitioner was disputed during the police verification, hence under this circumstance, the respondents have not renewed the passport of the petitioner.

4. Heard and considered the submissions made at Bar and perused the material available on the record.

5. Perusal of the record indicates that the petitioner was in possession of a valid passport bearing No.K3335738 issued by the respondents and the same was valid w.e.f. 17.05.2012 till 16.05.2022.

6. When the validity of the said passport expired, the petitioner approached the respondent-authorities for renewal of the same but this time a technical objection was raised by the respondent-authorities on the basis of the adverse police verification report and the passport has not been renewed. The reason assigned by the respondents for non-renewal was about the nationality of the petitioner and no material evidence has been placed on record disputing the same by the respondents.

7. Clearly, there is no material placed on the record by the respondents that the petitioner is not an Indian National. There is no dispute, as to the fact that she was born at Central Jail, Tihar Complex at Delhi on 05.05.1990 and the Sub-Registrar, Death and Birth Municipal Corporation, Delhi has issued birth certificate of the petitioner. Thereafter, the petitioner passed Higher Secondary and Senior Secondary School Examination from Central Board of Secondary Education (for short ‘CBSE’) and the Permanent Account Number (PAN) Card has been issued to her by the Income Tax Department. The Competent Authorities have issued her Aadhar Card, Voter Card and Driving License. The marriage of the petitioner was solemnized on 23.11.2017 with Arun Prasad and her marriage has been registered and Marriage Registration Certificate has been issued by the Marriage Registration Officer at Jaipur. The husband and father of the petitioner both are the permanent residents of India. Thus, the petitioner has acquired the citizenship of this country by virtue of Section 3 (1)(b) of the Citizenship Act, 1955. Various documents annexed with the writ petition indicate that they are Indian National and the respondents have not been able to show any material, which would even remotely cast a doubt on the aforesaid fact.

8. Before proceeding further it would be relevant to set out Section 3 and Section 9 of the Citizenship Act, 1955 which read as under:-

"3. Citizenship by birth- (1)Except as provided in sub-section (2), every person born in India,-

(a) on or after the 26th day of January, 1950, but before the 1st day of July, 1987;

(b) on or after the 1st day of July, 1987, but before the commencement of the Citizenship

(Amendment) Act, 2003 and either of whose parents is a citizen of India at the time of his birth;

(c) on or after the commencement of the Citizenship (Amendment) Act, 2003, where-

(i) both of h