THE HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.19951 of 2025

ORDER:

The case of the petitioner, insofar as relevant for the disposal of the writ petition, is that he married Shagufta Arshad on 19.07.2018, and out of the wedlock, a male child (Master Syed Omar Qazi) was born on 02.07.2019 in Kalaburagi Municipality, Karnataka. Due to marital discord, they divorced on 16.09.2020 in Gulbarga, Karnataka.

1.1 It is the allegation of the petitioner that Shagufta Arshad has misidentified his biological son (i.e., Master Syed Omar Qazi) as “Syed Zakariyah” S/o “Syed Farooq,” and obtained a fake Birth Certificate from Mahabubnagar Municipality by showing the date of birth of the child as 05.07.2019, and using the fake Birth Certificate issued by Mahabubnagar Municipality,and using fake Aadhar Card and supporting documents, she obtained a passport from RPO, Hyderabad, vide Passport No.V6981435.

1.2 It is further alleged that Mrs. Shagufta Arshad made another application before the RPO, Bangalore, by representing that she lost the earlier Passport (issued by RPO, Hyderabad), and on 29.05.2023, she obtained a new passport (No. X9806606) in the name of Syed Zakariyah by using the same fabricated documents that were used to obtain the Passport from RPO, Hyderabad.

1.3 It is the grievance of the petitioner that he made RTI complaint, and also representation dated 24.04.2025, seeking cancellation of the passport fraudulently obtained for his son Syed Omar Qazi by misidentifying the child as Syed Zakariyah with an incorrect Date of Birth i.e., 05.07.2019. It is also alleged that Mrs. Shagufta Arshad had unlawfully removed the child (Master Syed Omar Qazi) to Saudi Arabia using the said passport, without obtaining the mandatory consent of the petitioner, despite the petitioner being the biological father of the child.

1.4 It is further stated that the petitioner filed Guardianship and Wards Case No. G&WC 4/2022 before the Family Court, Kalaburagi, seeking visitation rights to meet his son on the occasion of Ramzan Eid;

however, the opposite party failed to comply.

1.5 It is also stated that the petitioner submitted a complaint to respondent No.2–Regional Passport Officer, Hyderabad, on 04.11.2024, seeking cancellation of the passport issued in the name of Syed Zakariyah. In response, on 24.12.2024, respondent No.2 informed the petitioner that the matter had been referred to the passport issuing authority for verification of the genuineness of the birth certificate. Further, on 13.11.2024, respondent No.2 issued a verification letter to the Registrar, Kalaburagi, who confirmed on 01.01.2025 that the birth record pertains to Syed Omar Qazi and not Syed Zakariyah.

1.6 It is the grievance of the petitioner that despite such confirmation, respondent No.2 has failed to take action to cancel the passport issued in the name of Syed Zakariyah. It is also his grievance that the minor child, Syed Omar Qazi, remains detained in Saudi Arabia, resulting in the loss of Indian citizenship, and that the evasive replies and inaction of the respondent–Passport Office are causing severe psychological harm to both him and the child, leading to permanent alienation, which amounts to a violation of the petitioner’s fundamental rights.

2. Heard Mr. T. Raghuram, learned counsel for the petitioner, and Mrs. Anjali Agarwal, learned Standing Counsel appearing on behalf of the Office of the Deputy Solicitor General. Perused the record.

3. Learned counsel for the petitioner made submissions in line with the writ affidavit. He essentially contends that Shagufta Arshad misrepresented the identity of the child (Syed Omar Qazi) as “Syed Zakariyah,” obtained a fraudulent birth certificate from Mahabubnagar Municipality, Telangana, and procured the passportbased on such misrepresentation. He submits that the said passport is, therefore, liable to be cancelled.

4. Learned Standing Counsel places before the Court the instructions dated 22.07.2025 received from the Regional Passpo