Your name is included in NRC list
2) you should be issued passport
3) if application is rejected due to police verification file writ petition in HC to direct RPO to issue you passport
Harassment regarding police verification of passport
1. I am a resident of Assam born in 1996. 2. I have applied for a passport last September for my higher studies. 3. The police verification of my passport is completed last week from my local police station. 4. Now it's pending for verification in the S.P office. 5. However, in this verification, the passport office has transferred my document to the S.P Boarder branch where they are now asking me to produce documents like certified voter list, land document prior to 1971. 6. Which I did produce from my maternal side. I produce an educational document of my grandfather from 1951. However, they rejected it on the ground of being from my maternal side. Which I feel is wrong since I was born before 2003 and in order to prove my citizenship, I need my linkage to proved either from my mother or father. I proved the same while verifying for NRC. PLEASE NOTE THAT MY NAME IS INCLUDED IN NRC OF ASSAM. 7. I have also filed an RTI asking for the document required for police verification in ASSAM and the validity of verification by S.P BOARDER BRANCH. Which I have received no reply. 8. Now my inquiry is the excessive number of documents asked by the S.P Office for the police verification valid. Also, can they force me to produce a document from my father keeping aside my mother? 9. If these step my S.P Office is not valid where can I approach to get a reasonable justice?
Asked 6 years ago in Constitutional Law
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21 Answers
Hello,
File a writ immediately against the said authority
Regards
See the office can ask documents for there confirmation though in case they are harnessing then you can approach high.court for direction and can seek order of the court.
SP is acting over smart by showing more precaution in verification. You are citizen by birth, any parent have to be Indian citizen, maternal side documents are valid.
Have to appraoch HC for relief. Apply under RTI for decision taken on your verification report.
They can only seek documents stated in the list of documents in the website and as per the rules. You need to file writ petition in the same
- Since, your name is already included in the NRC of Assam , hence as per law, you are an Indian citizen, and the said police official should not ask , to provide the detials of nationality proof type of documents.
- You can lodge your complaint with CENTRAL VIGILANCE COMMISSION, Satarkata Bhavan, A-Block, GPO Complex, INA, New Delhi - 110023.
- Otherwise , you will have to file a Writ petition .
The police may think that this may affect the ongoing NRC matter hence they are demanding plenty of other documents.
If you are aggrieved by the decision you may file a suit directing the police to conduct the verification for issuance of passport on the basis of the existing laws and not to create new laws for this purpose, let them anser the court after which a decision would be arrived .
Today, i have applied for grievance with the public grievances cell of the ministry of external affairs and have sent the same mail to the legal and policy matters cell of the ministry of external affairs and also to my regional passport office. Till now i have now received any form of reply from any of the department. Not even a reply accepting my grievance. So for how many days should i wait for their reply? Also, if i move for a writ to the high court should it be before the competition of the police verification or after it?
Asked 6 years ago
Wait for a month for reply
2) file writ after completion of police verification
This is only single day, not even completed, wait. Speedy relief through HC only. Govt. has it`s own pace to work.
Now and after anytime can approach High court.
See you wait for 3-4 days to see if your complaint is addressed or not or you receive any reply if not then before completion of verification you can move to high court.
In the given circumstances you may not get any reply for the authorities concerned.
If you have proof for sending these correspondences to the concerned authorities, you may file a complaint through RTI act seeking the status of your grievances letter or the reply to it.
You first ascertain the facts and then plan further legal steps through high court or any other legal channel.
File Writ petition in High court against RPO.
Writ is better option for you for speedy remedy
You should approach high court by filing writ petition if police is harassing you by asking for unwanted documents for police verification.
Today I went to the police verification of my passport in the Superintendent of Police Border Branch when I got to know that police is too look for nationality verification. So is it ok to verify my nationality after my name is included in the NRC. Plus are constantly denying to accept my maternal grandfather's document. Is it ok? Also, they have denied to accept my paternal grandfather's voter list name of 1971 because of a simple mistake of L and R. What can I do for this? Will be the right time to file a writ? If yes to the high court or to the Supreme Court and on what grounds?
Asked 6 years ago
Better file writ instead of wasting time with fools.
if your passport application is rejected by RPO then file writ in HC against rejection of your application
take plea that name is included in NRC yet passport denied to you
First of all you may gather all the evidences for not granting the passport or not giving a verification report by police.
you may ask the police to give the reasons in writing for rejecting your application.
After that you may approach high court with a writ petition seeking relief and justice.
See if they are not listing and delaying then you can approach high court and file a writ petition before the high court.
Yes it's better you file writ now
A writ petition can be filed in the High Court (Article 226) or the Supreme Court (Article 32) of India when any of your fundamental rights are violated.
Hello,
I suggested you to file a writ 14 days ago , kindly do it immediately.
Regards