Can a Passport Be Issued During a Citizenship Reference? Gauhati HC Orders Assam DGP Inquiry

Case Title: Ahmed Hussain v. Union of India & Ors.

Case No.: WP(C)/1610/2020

Coram: Justice Sanjay Kumar Medhi and Justice Pranjal Das

Court Observation

“This Court fails to comprehend as to how such Passport could have been issued inasmuch as, prior to issuance of such Passport, which is effective from 30.05.2013, the present Reference was already pending. A mandatory pre-requisite for issuance of a Passport is a police verification. This Court fails to understand as to how a favourable report could have been given in such police report when the aspect of the petitioner’s citizenship itself was questioned by the Reference.

“This Court fails to comprehend as to how such Passport could have been issued inasmuch as, prior to issuance of such Passport, which is effective from 30.05.2013, the present Reference was already pending. A mandatory pre-requisite for issuance of a Passport is a police verification. This Court fails to understand as to how a favourable report could have been given in such police report when the aspect of the petitioner’s citizenship itself was questioned by the Reference.

“With regard to the aspect of burden of proof as laid down in Section 9 of the Act of 1946, the law is well settled that the burden of proof that a proceedee is an Indian citizen is always on the said proceedee and never shifts.”

 “As regards oral evidence by DW2 and DW3, it is a settled law that such oral evidence without documentary support cannot be accepted as relevant evidence.”

“We are of the view that the petitioner as proceedee had failed to discharge his burden to prove his citizenship.”

Can a Passport Be Issued During a Citizenship Reference? Gauhati HC Orders Assam DGP Inquiry