Recently, the Madras High Court has held that an adverse police report cannot override statutory rights when citizenship by birth is substantiated through genuine documentation. Justice P.T. Asha granted relief to Gokuleswaran, a man born in Tiruchirappalli to Sri Lankan refugee parents, whose passport application was repeatedly stalled after an objection from local police labelling him a “Suspect in Sri Lankan.” The Court emphasized that once statutory requirements are met, administrative objections cannot impede the exercise of legal rights.
The case stemmed from a writ petition filed by Gokuleswaran seeking the issuance of a passport by directing the Regional Passport Officer to process his application in February 2024. Born in February 1986, the petitioner’s parents had migrated from Sri Lanka in 1983 and were accommodated in the Sri Lankan Tamils Rehabilitation Camp at Tiruchirappalli. Gokuleswaran contended that, being born in India prior to 1st July 1987, he was an Indian citizen by birth under Section 3(1)(a) of the Citizenship Act, 1955, and submitted his passport application accordingly. Despite furnishing his birth certificate, SSLC and HSC mark sheets, and other relevant records, his application was delayed following an adverse report from the Commissioner of Police. Multiple reminders and inquiries from passport authorities ensued, compelling the petitioner to approach the Madras High Court for relief.
Gokuleswaran argued that the adverse police report was irrelevant since statutory citizenship rights apply independently of parental nationality when the petitioner is born within India prior to the cut-off date. He submitted that all supporting documents were genuine and verified, and the repeated delays in issuing the passport effectively denied him a legal right. The Respondents contended that the petitioner’s parents were Sri Lankan nationals and his citizenship could not be presumed, further noting that a criminal case against the petitioner was pending. However, the Deputy Solicitor General of India conceded that, based on the petitioner’s birth prior to 01.07.1987, he was indeed an Indian citizen by birth.
Justice P.T. Asha, held that “Therefore, since the petitioner was born on 09.02.1986, i.e., prior to the cut-off date, he is an Indian citizen by birth. Once citizenship by birth is established and the genuineness of the documents is verified, the adverse police report referring to his parents' nationality cannot override the statutory right conferred by Section 3(1)(a). Accordingly, the petitioner is entitled to be issued a passport.” The Court noted that Section 3(1)(a) of the Citizenship Act grants citizenship to any person born in India between 25th January 1950 and 1st July 1987, irrespective of the parent's nationality, and the petitioner’s documents, including his birth certificate and academic mark sheets, consistently corroborated his claim.
In view of these findings, the Court allowed the writ petition and directed the Regional Passport Officer to process and issue the petitioner’s passport within eight weeks from receipt of a copy of the order. The Court clarified that statutory rights under the Citizenship Act cannot be negated by an adverse police report once genuine proof of citizenship by birth has been furnished.
Case Title: Gokuleswaran Vs. Regional Passport Officer & Ors.
Case No: Writ Petition (MD) No.23811 of 2025
Coram: Justice P.T. Asha
Advocate for Petitioner: Adv. I. Romeo Roy Alfred
Advocate for Respondents: Dy. Solicitor General of India K. Govindarajan, Govt. Advocate S. Prakash
Read Order @Latestlaws.com
Picture Source :
