J&K&L High Court Directs Passport Authority To Decide 78-Year-Old Man Application Despite Police Report Citing 1988 FIR
The High Court of Jammu & Kashmir and Ladakh has directed the passport authorities to decide the application of a 78-year-old man for issuance of a passport, notwithstanding the police verification report recording his involvement in a 38-year-old FIR registered in 1988.
The Court observed that once no charge sheet arising out of the FIR was pending before the concerned court, the authorities could not refuse the passport merely on the basis of the verification report.
The Court was hearing a writ petition filed by Mohammad Ramzan Wani, aged 78 years, seeking a direction upon the respondents to issue a passport in his favour. The petitioner had earlier applied for issuance of a passport, which was rejected on the ground that the police verification report dated 26.12.2022 carried adverse remarks.
He applied again online, but the application was returned with the endorsement "Police verification report is not clear and the application is under review at Regional Passport Office".
A Bench of Justice Rajnesh Oswal, while disposing of the petition, observed,
"In view of the report submitted by the learned 3rd Additional Sessions Judge, Srinagar, it is evident that no charge sheet arising out of FIR No. 111/1988 is pending before the concerned court and once no such case is pending, respondent No. 1 and 3 cannot refuse to issue passport to the petitioner merely on the basis of the verification report submitted by the respondent No. 4 regarding involvement of petitioner in case FIR No. 111/1988."
The Court, in terms of its earlier order dated 27.08.2026, had called for a report from the 3rd Additional District and Sessions Judge, Srinagar. Pursuant to the order the Court took note of the report furnished by the 3rd Additional District and Sessions Judge, Srinagar, which disclosed that no case arising out of FIR No. 111/88 of Police Station, Safa Kadal.
Proceeding on the basis of this report, the Court held that in the absence of any pending charge sheet arising from the said FIR before the concerned court, respondents No. 1 and 3 could not lawfully refuse to issue a passport to the petitioner solely on the strength of the verification report submitted by respondent alleging the petitioner's involvement in FIR No. 111/1988.
Accordingly, the High Court disposed of the writ petition with a direction to respondents to decide the application of the petitioner for issuance of passport notwithstanding the police verification report regarding the FIR and there being no other legal impediment.
“…. This Court is sanguine that the respondent No. 1 and 3 will pass appropriate orders within a period of three months from the date a certified copy of this order is made available to the said respondents.", the court concluded.
Case Title: Mohammad Ramzan Wani v. Union of India and Others
Appearances
Petitioner: Mr. Saqib Shabir, Advocate
Respondents: Ms. Shagfuta Maqbool, Advocate vice Mr. T M Shamshi, DSGI; Mr. Shahbaz Sikander, AAG vice Mr. Mohsin Qadiri, Sr. AAG