High court cases regarding passport issuance often involve a court ordering the passport authorities to process an application, with conditions like obtaining prior permission from the trial court for international travel if a criminal case is pending. Courts have ruled that a pending criminal case alone should not be a complete bar to obtaining a passport, and the right to travel is a component of personal liberty. Some cases focus on situations where the passport was denied due to a pending case, and the courts directed the authorities to re-issue it, with the applicant required to seek permission from the trial court for foreign travel. [1, 2, 3, 4, 5]
Read this Office Memorandum issued by Ministry of External Affairs, PSP Division. The same fact was re-iterated in CWP-14561-2025 (O&M), Kuldeep Singh v. Union of India and Others by Punjab and Haryana High Court.
If your passport has not been issued, you can take several steps depending on whether the application is delayed, put on hold, or formally rejected. [1, 2]
Step 1: Check Application Status and Reason
First, track your application status online to understand the exact reason for the delay or non-issuance.
- Online Portal: Visit the official Passport Seva Portal ( www.passportindia.gov.in ) and use the “Track Application Status” feature with your File Number and Date of Birth.
- SMS: Send an SMS with “STATUS [your file number]” to 9704100100.
- Call Center: Call the National Call Center toll-free at 1800-258-1800 to inquire about the status. [5, 6, 7, 8, 9]
Step 2: Address the Stated Issue
The remedy depends on the status of your application:
- “On Hold” or “Document Mismatch”: This means there are discrepancies in your documents or information. The Passport Office (RPO) may have sent an email or SMS requesting additional documents or clarification. You must submit the required documents at the Passport Seva Kendra (PSK) or RPO to resume processing.
- “Pending Police Verification”: The delay is at the local police station. You should visit the concerned police station in person with your original documents and their photocopies to clarify any issues or expedite the process. Carry identity and address proofs, including the ones submitted with the application.
- “Adverse Police Report” or “Application Rejected”: The police may have submitted a negative report due to reasons like an incorrect address, an applicant’s absence during verification, or a pending criminal case.
- You can approach the RPO with proof to challenge the report or provide the correct information.
- If the rejection is formal, you may need to file an appeal online via the Passport Seva portal using the “Log Appeal” link . The appeal requires the official rejection order and other supporting documents.
Step 3: Escalate the Issue
If the delay is unreasonable (beyond normal processing times) or you are not getting a satisfactory response through normal channels, you can escalate the matter:
- Visit the RPO: Go to the public grievance (PG) cell or helpdesk at your nearest Regional Passport Office. They are equipped to handle complaints and expedite the process if possible.
- Log a Grievance Online: Register a formal grievance through the Passport Seva Portal under the “Feedback and Grievance” section
- Contact via Social Media: Tweeting to the official handles like @MEAquery or your specific RPO’s handle can often yield a quick response.
- File an RTI (Right to Information) Application: If the delay is significant and the reason is unclear (especially regarding police verification), you can file an RTI application to the Superintendent of Police’s office or the RPO to get a formal reason for the delay. [13, 14, 15, 16, 17]
Step 4: Legal Remedy
If all administrative remedies are exhausted and you are not satisfied with the outcome, you may approach higher courts by filing a writ petition or a suit for declaration to establish your rights. [18, 19]
Key Advice:
- Always keep copies of all application forms, receipts (ARN), and communication records.
- Ensure all information in your application matches your supporting documents precisely to avoid delays. [20]
Key court rulings on passport issuance with a pending case
- Right to travel: The right to a passport is linked to the right to personal liberty under Article 21 and cannot be denied solely because a criminal case is pending.
- Permission for travel: If a criminal case is pending, the applicant must obtain permission or an NOC from the relevant trial court to travel abroad, even if they have a passport.
- Court direction for issuance: High courts have directed the Regional Passport Office (RPO) to process an application and issue a passport, often with the condition that the passport be submitted to the trial court. The trial court can then grant permission for travel if necessary.
- Conditions for applicants: Applicants with pending criminal cases must submit written permission from the court to the passport authorities to be issued a passport. [1, 2, 3, 4]
Important to know
- Passport Seva: According to the official Passport Seva website, a passport can be issued if a criminal case is pending, but only after you provide written permission from the court allowing you to travel abroad.
- Undertakings: In some cases, courts have issued passports with a short validity period based on an undertaking from the applicant.
- Good faith: The Passport Act, 1967, protects government officials acting in good faith when processing applications. [3, 6, 7]
Renewal of Passports Judgments and Ruling, click here to read.
Passport Authority cannot refuse the renewal of passport of the petitioner on the ground of the pendency of the aforesaid criminal case against the petitioner and the said action of the respondents is contrary to the procedure laid down under the Passports Act, 1967 and also the principle laid down by the Hon’ble Supreme Court reported in 2020 Crl.L.J. (SC) 572 in “Vangala Kasturi Rangacharyulu v. Central Bureau of Investigation”.
Read COMPENDIUM OF INSTRUCTIONS/ GUIDELINES RELATING TO ISSUE OF PASSPORTS IN INDIA/ABROAD (Updated upto 31st May, 2020).
Know here – Process to apply for Fresh / Reissue Ordinary Passport
AI responses may include mistakes.
[3] https://services1.passportindia.gov.in/psp/FaqPoliceVerification
[6] https://passportindia.gov.in/AppOnlineProject/pdf/CIR_0222681_Y.pdf
[7] https://passportindia.gov.in/AppOnlineProject/pdf/passports_act.pdf
[1] https://www.kreditbee.in/blog/reasons-for-rejection-of-passport-application
[2] https://services1.passportindia.gov.in/psp/FaqAppeal
[3] https://passport.vfsglobal.com/ppt/en/zaf/track-application
[4] https://thepassportagents.com/emergency-passport-help-in-delhi-ncr/
[5] https://services1.passportindia.gov.in/psp/FaqCallCentre
[6] https://www.passportindia.gov.in/psp/trackApplicationService
[7] https://www.passportindia.gov.in/psp/AccessInformation
[8] https://www.airtel.in/blog/ir/how-to-check-your-passport-application-status/
[9] https://passportindia.gov.in/AppOnlineProject/pdf/Steps_to_Check_Application_Status.pdf
[10] https://services1.passportindia.gov.in/psp/FaqAppeal
[12] https://passportagents.in/my-passport-application-status-shows-under-review-what-does-it-mean/
[14] https://www.mea.gov.in/lok-sabha.htm?dtl/22671/Q
[16] https://www.passportindia.gov.in/psp/Grievance
[17] https://passportagents.in/my-passport-application-status-shows-under-review-what-does-it-mean/
[18] https://www.kaanoon.com/276424/non-issuance-of-passport
[20] https://thepassportagents.com/rejection-of-passport-application/
