Nearly 2 years, no passport: Madras High Court steps in for Rajiv Gandhi killing convict

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Nearly two years after applying for a fresh passport, A G Perarivalan, one of the convicts in the Rajiv Gandhi assassination case, has secured relief from the Madras High Court, which has directed passport authorities to decide his application within four weeks. Questioning the delay, the court said the authorities could not refuse to process his application solely because they were waiting for a police verification report, particularly when the police had filed an affidavit before the court.Justice P T Asha was hearing Perarivalan’s petition seeking a direction to the Regional Passport Office, Chennai, and the Passport Seva Kendra, Tambaram, to take a decision on his pending passport application.“The reluctance on the part of the Passport Authority to process the petitioner’s passport application, solely on the ground that they were awaiting the report of the Police Department is not correct…the pendency of a criminal case would not be an absolute bar to the issuance of a Passport,” the judge observed on October 28.Perarivalan, a convict in Rajiv Gandhi assassination case had applied for a fresh passport under the normal scheme in May 2024. His application was placed on hold pending police verification. Despite completing the required formalities and approaching the passport authorities, he did not receive a decision. He told the high court that the delay was causing him hardship, particularly as he wanted to travel abroad for higher studies.Passport application pending for nearly two yearsAccording to the petition, the convict in Rajiv Gandhi assassination case registered his application through the Passport Seva online portal on May 6, 2024. He appeared for his scheduled appointment at the Passport Seva Kendra in Tambaram on October 21, 2024. His application was registered and placed on hold pending police verification. Justice P T Asha observed that passport authorities could not keep the application pending solely on the ground that they were awaiting a police verification report. (Image enhanced using AI)A police verification request was initiated the following day, October 22, and forwarded to Jolarpettai Police Station in Tirupathur district. As directed, Perarivalan also visited the Regional Passport Office in Chennai on October 25, 2024.However, the application remained pending. On September 1, 2026, he submitted a representation to the authorities seeking its expeditious disposal. With no action forthcoming, he approached the high court seeking a time-bound direction. His petition highlighted that the delay was affecting his plans to travel abroad for higher studies.Story continues below this adSupreme Court ordered his release in May 2022While examining the matter, the high court took note of Rajiv Gandhi assassination convict’s criminal background and the subsequent developments in his case. He was convicted by a designated TADA court for offences under the Arms Act, Explosive Substances Act, Passports Act, Foreigners Act, Indian Wireless Telegraphy Act and the Terrorist and Disruptive Activities (Prevention) Act. He was initially sentenced to death.The Supreme Court, in its judgment dated February 18, 2014, commuted his death sentence to imprisonment for life. Taking into account the period of imprisonment already undergone by the convict in Rajiv Gandhi assassination case, the Supreme Court ordered his release on May 18, 2022. The Madras High Court noted that the police had continued to monitor Perarivalan’s activities and residence after his release.However, the status report filed by the Inspector of Police, Jolarpettai Police Station, contained an important detail. The officer stated that no criminal case was pending against Perarivalan in the police station’s records from the date of his release until the filing of the report.The inspector stated in his counter affidavit, “It was ascertained that no criminal case is presently pending against the petitioner in the records of Jolarpet Police Station from his release from the incarceration on 18.05.2022 to till date.”Story continues below this adPolice affidavit accepted as verification reportThe high court noted that the police officer’s affidavit also contained details of Rajiv Gandhi assassination convict’s mother and siblings. It held that the counter affidavit filed by the inspector could be treated as the police verification report required for processing the passport application.The court also referred to an earlier ruling by a Full Bench of the Madras High Court, delivered on February 9, 2026, which held that the pendency of a criminal case would not, by itself, constitute an absolute bar to the issuance of a passport.The high court directed the Passport Seva Kendra, Tambaram, to dispose of Perarivalan’s pending passport application by treating the police inspector’s counter affidavit as the police verification report. The authorities have been given four weeks from the date of receiving a copy of the order to complete the exercise.