Born in India – Denied Passport for Conflicting Verification Reports
News in Indian Express of 6.11.2026 and the Judgment dated 1.10.2026 of the Himachal Pradesh High Court in Civil Writ Petition No.15664 of 2025 of Shitla Devi Vs. State of Himachal Pradesh and others
Section 3 Citizenship Act – Passport & Legality of Police Verification Report
The petitioner was born in India. However, she is denied passport on the ground that she is a Nepali National based on the verification report.
Heavy reliance has been placed upon communication dated 02.07.2025 issued under signature of Sub Divisional Magistrate, Manali, District Kullu, whereby Deputy Commissioner, Kullu came to be apprised that requisite verification report was sought from Tehsildar Manali, who on the basis of information shared by Pradhan and Up-Pradhan of Gram Panchayat Hallan-II has reported that present petitioner namely Smt. Shitla Devi, wife of Sh. Bachan Singh and her son, Sh. Rajesh, S/o Sh. Bachan Singh, are permanent residents of Nepal and are presently residing as tenants of Sh. Maan Chand, S/o late Sh. Krishan Lal, Village and Post Office Patlikuhl.
On the other hand, communication dated 29.11.2024 (Annexure R-4/5) reveals that police conducted verification, wherein Pradhan, Gram Panchayat Hallan categorically stated that Shitla Devi and Rajesh are the permanent residents of Village and Post Office Patlikuhl, Tehsil Manali, District Kullu and they are citizens of India as well.
- Leaving everything aside, this Court finds that Registrar, Birth and Death, Gram Panchayat Hallan-II has issued birth certificate (Annexure P-1), wherein aforesaid authority while showing date of birth of the petitioner as 03.05.1972, has categorically recorded that child was born in Village Patlikuhl, Mohal Bari, Manali, Kullu, Himachal Pradesh.
So far as the act of passport authorities in refusing to issue passport in favour of the petitioner that too on the basis of police verification report submitted by the respondent-State is concerned, this Court cannot find any fault with the same, but certainly, in the facts and circumstances of the case, as detailed hereinabove, respondent-State is required to issue fresh police verification report, specifically taking note of Section 3 of the Citizenship Act, 1955, as has been reproduced hereinabove.
- Moreover, there are variations in the reports submitted by the police and Sub Divisional Magistrate. Pradhan of Gram Panchayat, Hallan, has stated to the police that petitioner as well as her son Rajesh Kumar are the residents of Kullu Manali, but these persons allegedly claimed before the Tehsildar, who conducted investigation pursuant to order passed by Sub Divisional Magistrate, that they are Nepali nationals. Be that as it may, once the petitioner, namely Shitala Devi, was born on 03.05.1972 within the territory of India, she, for all intents and purposes, can be said to be citizen of India in terms of Section 3 of the Citizenship Act, 1955. If it is so, High Court of H.P. ::: Downloaded on – 07/11/2026 19:00:06 :::CIS 6 there cannot be otherwise any impediment in considering the prayer made by the petitioner for issuance of passport.
