The of Judicature at Madras has issued a directing the , Chennai, to finalize the passport application of A.G. Perarivalan within a four-week window. The court’s order serves as a significant resolution to a two-year administrative impasse, during which the petitioner’s application had remained in a state of indefinite suspension due to pending police verification. Justice P.T. Asha, presiding over the matter, emphasized that the passport authority could no longer justify the delay by citing the absence of a formal police report when sufficient evidence of the applicant's current legal status had already been presented to the court.
The dispute originated following the petitioner's application for a fresh passport under the Normal Scheme, filed via the online portal on . Perarivalan, who had previously been embroiled in high-profile legal proceedings related to the Rajiv Gandhi assassination case, had been set at liberty by an order of the on . Following his release, the petitioner sought to resume his academic pursuits, including potential international travel for higher education. However, his efforts to obtain travel documentation were obstructed after his scheduled appointment at the in Tambaram on , resulted in his application being placed "On Hold."
Although the police verification request was initiated on , and directed to the in Tirupathur District, the administrative machinery failed to produce a final report, leaving the petitioner in legal limbo. Perarivalan’s frustration mounted as he complied with every procedural requirement, including visiting the in person, only to be met with continued inaction. By , the petitioner filed a formal representation seeking urgent resolution, which went unheeded, prompting the current before the .
During the proceedings, the court scrutinized the status of the petitioner’s records. The Inspector of Police from the filed a which provided critical clarity, confirming that the petitioner’s movements and residence have been subject to regular monitoring. Crucially, the inspector clarified that since the date of his release from incarceration on , no criminal cases were currently pending against him in the station’s jurisdiction.
In her order, Justice P.T. Asha observed that the authorities' persistent refusal to process the passport based on a wait for a formal police report was fundamentally flawed. “Considering the fact that the petitioner has been set at liberty by the Hon’ble Supreme Court, the reluctance on the part of the Passport Authority to process the petitioner’s passport application, solely on the ground that they were awaiting the report of the Police Department is not correct,” the court stated. The ruling underscored that the government’s own , which detailed the residence and status of the petitioner and his family, contained the necessary information required for the Passport Office to satisfy its verification protocols.
The court further noted that the right to travel and the issuance of a passport should not be arbitrarily restricted, especially when the legal conditions for such travel are met. This decision aligns with broader judicial interpretations regarding the rights of individuals following their release from custody. Specifically, the court drew upon recent precedent established by a Full Bench of the in the matter of , which clarified the state’s approach toward applicants with prior criminal history. As the court articulated: “The would not be an absolute bar to the issuance of a Passport.”
By directing the 2nd respondent to accept the filed by the Inspector of Police as the official police verification report, the has effectively bypassed the bureaucratic bottleneck that had stalled the petitioner’s travel plans. The order mandates that the entire exercise of processing the passport must be completed within four weeks from the date of receipt of the court’s order.
The practical outcome of this ruling provides a clear pathway for the petitioner to obtain his travel documents, removing the lingering shadow of his past convictions that had hindered his post-release reintegration and educational ambitions. By validating the current clean record provided by the police, the court has prioritized the petitioner's present legal standing over historical circumstances that were already addressed through the judicial relief granted by the Supreme Court in 2022.
The case highlights the importance of timely administrative action in matters concerning and mobility. With the court having explicitly ordered the disposal of the application, the is now under a strict legal obligation to conclude the process within the stipulated time frame, bringing an end to the protracted delay that had defined this administrative struggle. The petitioner is now expected to receive a final decision on his passport application by , marking a pivotal moment in his attempt to move forward with his personal and professional life. The order remains a testament to the role of the judiciary in ensuring that administrative bodies act with transparency and efficiency, preventing the undue extension of restrictions once the legal basis for such barriers has been lifted. With no further legal impediments noted in the police record, the path is now set for the finalization of his application.
passport verification - criminal case status
