The Madras High Court has directed the Regional Passport Office, Chennai, to process the passport application of A.G. Perarivalan, a convict in the Rajiv Gandhi assassination case, within four weeks. Justice P.T. Asha issued the directive while allowing a writ petition filed by Perarivalan, who submitted that his application had been pending for over two years despite his release pursuant to a Supreme Court order.
What Did the Madras High Court Rule on the Passport Application Delay?
The court held that the Passport Authority cannot keep an application pending indefinitely solely because a police verification report is awaited, especially when the petitioner has been set at liberty by the Supreme Court and no criminal case is pending against him.
Background of the Petition
Perarivalan filed the petition seeking a direction to the authorities to dispose of his passport application filed under the Normal Scheme on May 6, 2024. He stated that he appeared for the scheduled appointment at the Passport Seva Kendra on October 21, 2024, where his application was registered and placed on hold pending police verification. He contended that despite cooperating fully and completing all formalities, the unexplained inaction caused him hardship and delayed his plans to pursue higher studies abroad.
Court Observations on Pending Criminal Proceedings
Justice Asha noted that although Perarivalan was originally convicted and sentenced by the Supreme Court, he was subsequently set at liberty by the same court. The judge observed that there was no criminal case pending against the petitioner at present. In these circumstances, the court found the reluctance of the Passport Authority to process the application solely on the ground of awaiting a police department report to be legally untenable.
Disposal and Directions Issued
The court issued a writ of mandamus directing the second respondent, the Passport Officer, to dispose of the application bearing File No. MA3067042901524. The court directed the authority to consider the counter affidavit filed by the Inspector of Police, Jolarpettai Police Station, Tirupathur District, as the police verification report. The entire exercise was ordered to be completed within a period of four weeks from the date of receipt of a copy of the order.
Comparison of Petitioner Status and Passport Authority Stance
Aspect | Petitioner Submission | Authority Stance / Court Finding |
|---|---|---|
Conviction Status | Released by Supreme Court | No criminal case currently pending |
Application Date | May 6, 2024 | Pending over two years |
Reason for Delay | Police verification awaited | Court: Not a valid ground for refusal |
Relief Granted | Mandamus to process in 4 weeks | Counter affidavit deemed as verification |
The matter was argued by Ms. R.A. Parkavi for the petitioner, while Mr. U.M. Shankaar, Central Government Standing Counsel, and Mr. Durai Gunasekaran, Government Advocate (Criminal Side), appeared for the respondents.