Can the government revoke Revanna’s diplomatic passport? Not without a court order
NSUI members burnt a poster of JD(S) MP Prajwal Revanna during a protest against his involvement in the alleged sex abuse case in Bengaluru. Photo: PTI
Amid the mounting controversy over Prajwal Revanna’s departure from the country, the Ministry of External Affairs (MEA) has clarified that the Janata Dal (Secular) leader’s diplomatic passport allowed him to travel to Germany without visas and to avoid other travel formalities.
Prajwal, the grandson of former Prime Minister HD Deve Gowda and sitting MP from Karnataka’s Hassan, left India on April 27 soon after sex video clips believed to number in a few thousand and allegedly involving him emerged.
MEA spokesperson Randhir Jaiswal clarified that Prajwal did not seek political permission for his trip, which is usually required under such circumstances. He said, “No political permission has been sought or issued by the ministry regarding Prajwal’s travel to Germany. Since diplomatic passport holders do not require a visa to travel to any country, there is also no visa bill handed in.”
Can Revanna’s diplomatic passport be revoked? Let’s understand:
What are the rules for diplomatic passports?
— Issuance and validity: Diplomatic passports, which are issued only to certain categories of government officials, diplomats and ministers, differ significantly from regular passports. These passports are valid for five years and are subject to specific conditions.
— Travel Requirements: Holders of diplomatic passports, such as Chief Ministers and Ministers of State Governments/Union Territories, must obtain political clearance for foreign visits as outlined by the Ministry of External Affairs.
— Parliamentary protocols: Members of Parliament, like Prajwal Revanna, must adhere to strict guidelines when traveling abroad for unofficial purposes. These guidelines require that political permission be sought and that the relevant authorities be informed of the details of the trip and the hospitality expected.
Can Germany revoke Revanna’s diplomatic passport?
According to Keshav Singhania, Private Client Leader at Singhania & Co. LLP, the Indian government reserves the right to revoke a diplomatic passport if the holder fails to obtain the necessary political consent. He noted: “A similar observation was made in the case of PL Lakhanpal v. Union of India, where the Delhi High Court held that bilateral agreements between countries can supersede individual rights, thereby preventing any judicial interference based on violations of fundamental rights is prevented.”
Singhania explained that Germany has the authority to revoke diplomatic passports on two grounds: “First, if German laws make such a revocation necessary, then the German government may do so independently. Secondly, an agreement between the governments of India and Germany could lead to withdrawal if the individual’s presence is deemed undesirable.”
What does the law say about revoking a diplomatic passport?
According to Keshav Singhania, Private Client Leader at Singhania & Co. LLP, the Indian passport authorities exercise significant power under Section 10(1) of the Indian Passports Act. “The passport authority can revoke a passport or travel document if a person directly violates a condition of the passport or the provisions of the law,” Singhania explains. He adds, “In cases where mandatory political consent is not obtained, such as Prajwal Revanna, the authority may revoke the passport, subject to central government approval and subsequent court order.”
Furthermore, the penalties for such violations are set out in Article 12 of the same law, which includes fines and possible prison sentences. “The offense is punishable and the individual may face imprisonment of up to three months depending on the decision of a competent court,” Singhania said.
Legal framework for withdrawal
Devansh Jain, Principal Associate at PSL Advocates & Solicitors, outlines the sections relevant to revoking a diplomatic passport in India:
– Section 10(3) of the Passports Act, 1967: Allows for revocation of passports if obtained by suppressing material information, or for the protection of national sovereignty, integrity or the maintenance of friendly foreign relations.
— Section 10A: Requires all passport holders to surrender their documents upon revocation.
— Section 10(3)(d): Provides grounds for revocation if the holder is sentenced by an Indian court to imprisonment for a term of not less than two years.
— Section 10(3)(e): Allows revocation during legal proceedings if the passport holder is facing criminal charges in India.
Official statement from the Ministry of Foreign Affairs
MEA spokesperson Randhir Jaiswal emphasized that any revocation of a passport, including diplomatic passports, requires a judicial directive. “Passports can be revoked only on the directions of a court, as per the Passport Act, 1967,” Jaiswal said. He clarified the situation regarding Prajwal Revanna: “Revanna entered Germany on a diplomatic passport, and the process of revoking such a passport requires a court order.”
First print: May 6, 2024 | 2:22 PM IST