Madras High Court Directs Passport Authorities To Process Application Of Rajiv Gandhi Assassination Convict

Justice PT Asha noted that there was no criminal case pending against Perarivalan, and though he had been sentenced to death, he was later set at liberty by the Supreme Court. The court held that the authorities' reluctance to issue a passport solely on the ground that they were awaiting a report from police was not correct.

“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 said.

The court was hearing a petition filed by Perarivalan seeking directions to the authorities to process his application and dispose of the same expeditiously.

He submitted that he had applied for a passport under the Normal Scheme through the Passport Seva Online Portal on May 6, 2024. He submitted that he had appeared for the scheduled appointment on October 21, 2024, where his application was registered on file and placed on hold pending police verification.

Perarivalan submitted that despite cooperating fully and completing all necessary formalities, his application had been pending for two years. He argued that the prolonged, unexplained inaction by the authorities is causing him hardship and delaying his plan to go abroad for higher studies.

The court noted that though Perarivalan was convicted and sentenced by the Supreme Court, he was later set at liberty. The court thus opined that the application could not be kept pending.

The court thus directed the Passport Seva Kendra to process the application within a period of 4 weeks. The court asked the authorities to consider the Inspector's counter affidavit in the present case as a police verification report and process the application.

“Therefore, a writ of mandamus is issued to the 2nd respondent to dispose of the petitioner's passport application bearing File No.MA3067042901524, by considering the counter affidavit filed by the Inspector of Police, Jolarpettai Police Station, Thirupathur District, as the police verification report. The aforesaid exercise shall be completed within a period of four (4) weeks from the date of receipt of a copy of this order,” the court said.