WP/42781/2026 of Jayakumar Chandrasekharan Krishnaswamy Vs THE UNION OF INDIA on 14 October 2026

ORDER

This Writ Petition has been filed for the following reliefs:- " Directing the 2nd Respondent to consider and accept the explanation dated 21.09.2026, with regard to the receipt of adverse police verification report and issue the passport vide petitioner online application for re- issuance of passport pending in File NO.MA3074979800426 dated 25,8.2026 within a stipulated period."

Brief Facts:-

2. The petitioner would submit that he had submitted an online application dated 25.08.2026 before the Regional Passport Office, Chennai, seeking re- issue of his passport. Thereafter, the second respondent issued a show-cause notice dated 10.09.2026, citing an adverse Police Verification Report in connection with Crime No. 102 of 2026, registered at T2 Chromepet Police Station for the alleged offences punishable under Sections 296(b), 132, 126(2), 292 and 270 of the Bharatiya Nyaya Sanhita, 2023. The said criminal case is presently at the stage of police investigation, and no final report or charge-sheet has been filed before the competent criminal court. The petitioner contends that the allegations contained in the FIR are false, baseless and motivated.

3. The petitioner would further submit that, in response to the aforesaid show-cause notice, he submitted a detailed representation dated 21.09.2026, setting out the relevant factual and legal position and contending that the mere registration of an FIR and the pendency of a police investigation, in the absence of any criminal proceedings pending before a competent criminal court, cannot, by themselves, constitute a ground for refusing passport facilities under Section 6(2)(f) of the Passports Act, 1967. However, notwithstanding the explanation submitted by the petitioner, the second respondent has neither processed his passport application nor issued the passport.

4. The petitioner would also submit that his son, Mr. Ganshyam Jayakumar, is a postgraduate student pursuing a Master of Science in Immunobiology at the University of Bonn, Germany. His son sustained a severe knee injury on 12.10.2026, necessitating urgent surgical intervention. As his son is residing alone in Germany, the petitioner's presence is urgently required to provide parental care and support during the surgery and subsequent recovery. The continued withholding of the petitioner's passport has, therefore, caused him grave hardship and prevented him from travelling to Germany to attend to his son during this medical emergency. The medical records were also preodueced before me.

5. The petitioner would further submit that the inaction on the part of the respondents is arbitrary and violative of Articles 14 and 21 of the Constitution of India, particularly his right to personal liberty and to travel abroad. Hence, the present Writ Petition seeking appropriate directions to the respondents to consider and process his passport application and issue the passport expeditiously, in accordance with law, in view of the aforesaid circumstances.

6. The learned counsel for the petitioner would submit that the petitioner is ready and willing to furnish an undertaking before the competent authority stating that, immediately upon completion of his son's surgery, he would return to India.

7. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents and perused the records.

8. Considering the facts and circumstances of the case, particularly the urgency arising out of the proposed surgery of the petitioner's son in Germany, and taking note of the petitioner's willingness to furnish an undertaking before the competent authority that he would return to India immediately upon completion of his son's surgery, this Court directs the respondents to process the petitioner's application seeking re-issue of his passport, in accordance with law, within a period of one week from today. The resondent shall also consider the reason now cited by the petitioner for immediately considering his request for re-issue of the passport. The Hon’ble Supreme Court in SLP.(Civil) No.17769 of 2025 – Mahesh Kumar Agarwal Vs. Union of India & Anr, had held that the passport authorities shall re-new the passport in cases where criminal proceedings are pending and it is only in the case of travel that the applicant has to obtain permission from the criminal Court to travel abroad. The Full Bench of this Court in WP(MD).No.26547 of 2025 has also held on the same lines. Therefore, this Court has now permitted the petitioner to travel to attend his son surgery.

9. Accordingly, this writ petition is disposed of. There shall be no order as to costs. 14-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SHR

P.T.ASHA J. SHR To

1. The Union Of India Represented by its Secretary, Ministry of External Affairs, New Delhi-110 001.

2. The Regional Passport Officer Regional Passport Office, Chennai, Royala Towers No.2 and 3, IV Floor, No.158, Anna Salai, Chennai-02.

3. The State Represented By the Inspector of Police, Chrompet Police Station, Crime No.102/ 2026, Tambaram District. WP No. 42781 of 2026 14-10-2026