Passport Renewal : Renewal of passport cannot be withheld indefinitely for want of police verification : Passport Act S. 5, S. 6.

The petitioner had applied for issuance of passport, but
neither the same had been issued, nor the issuance has been declined by the
Passport Authority. The respondents stated that on receipts of the applications
for issuance/renewal of passports, the cases were sent for clearance by the CID
and either the same has not been received back or received with the inconclusive
report or received with the recommendation that the same should not be issued,
therefore, no decision in the matter has yet been taken by the Authority.

The High Court observed that on receipt of the application
the Passport Authority is empowered to make such inquiry which he may consider
necessary before issuance of a passport. It is because of such power of making
inquiry the Passport Officer is entitled to seek Police verification report in
regard to the antecedents of the person who has applied for the issuance of a
passport. The purpose of such inquiry by the Passport Authority is to enable
himself to make up his mind as to whether the passport or travel documents
should be issued or refused in the circumstances of each particular case. The
decision over the issue of a passport or travel documents has to be taken by the
Passport Authority alone and for taking such decision he may keep the
intelligence report in view. Merely because the intelligence report received is
adverse, the Passport Authority cannot defer his own decision on the issue of
passport, nor can he refuse the same without applying his mind to the facts
stated in the report. Adverse Police verification report per se does not
disentitle a citizen from his legal right to have a passport. It is for the
Passport Authority to take into consideration the facts/antecedents of the
person who has applied for issuance of a passport, alleged by the intelligence
agency in its report, for deciding whether passport should be issued or refused.
The Passport Authority is not bound by the recommendations of the intelligence
agency.

Where a complete police verification report has not been
received within thirty days, the Passport Authority is to take a decision by
following instructions of the Chief Passport Officer. Therefore, in no case the
Passport Officer can withhold consideration of the question of issuance of
passport or travel documents indefinitely and same shall be true about the cases
of renewal or re-issue of passports or travel documents.