 "Prajwal Revanna")
Amid the deepening controversy over Prajwal Revanna leaving the country, the ministry of external affairs (MEA) has clarified that the Janata Dal (Secular) leader’s diplomatic passport had allowed him to travel to Germany bypassing visa and other travel formalities.
Prajwal, the grandson of former prime minister H D Deve Gowda and the sitting MP from Karnataka’s Hassan, left India on April 27 soon after sex video clips, believed to run into a few thousand and allegedly involving him, surfaced.
MEA spokesperson, Randhir Jaiswal, clarified that Prajwal did not seek political clearance for his travel, which is typically required under such circumstances. He said, "No political clearance was sought from or issued by the ministry regarding Prajwal’s travel to Germany. Since diplomatic passport holders do not need a visa to travel to any country, no visa note was issued either."
Can Revanna's diplomatic passport be revoked? Let's understand:
What are the rules governing diplomatic passports?
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— Issuance and Validity: Diplomatic passports, which are issued exclusively to certain categories of government officials, diplomats, and ministers, differ significantly from regular passports. These passports are valid for five years and come with specific conditions.
— Travel Conditions: Holders of diplomatic passports, such as Chief Ministers and Ministers of State Governments/Union Territories, must obtain political clearance for overseas visits, as outlined by the Ministry of External Affairs.
— Parliamentary Protocols: Members of Parliament, like Prajwal Revanna, are required to adhere to stringent guidelines when travelling abroad for non-official purposes. These guidelines mandate seeking political clearance and informing relevant authorities about the trip's details and expected hospitality.
Can Germany revoke Revanna's diplomatic passport?
According to Keshav Singhania, Private Client Leader at Singhania & Co. LLP, the Indian government retains the right to revoke a diplomatic passport if the holder fails to secure the necessary political clearance. He noted, "A similar observation was made in the case of P L Lakhanpal v. Union of India, where the Delhi High Court ruled that bilateral agreements between nations can supersede individual rights, preventing any court interference based on fundamental rights violations."
Singhania explained that Germany has the authority to revoke diplomatic passports on two grounds: "Firstly, if German laws necessitate such revocation, then the German government may do so independently. Secondly, an agreement between the governments of India and Germany may lead to revocation 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, Indian passport authorities wield considerable power under Section 10(1) of the Indian Passports Act. "The passport authority may revoke a passport or travel document if a person is in direct contravention of any condition of the passport or the provisions of the Act," Singhania explains. He adds, "In cases where mandatory political clearance is not obtained, as seen with Prajwal Revanna, the authority can revoke the passport, subject to Central Government approval and a subsequent court order."
Moreover, the penalties for such violations are outlined in Section 12 of the same Act, which includes fines and possible imprisonment. "The offence is punishable, and the individual may face imprisonment for a term that could extend to three months, depending on the decision of a competent court," Singhania noted.
Legal framework for revocation
Devansh Jain, Principal Associate at PSL Advocates & Solicitors, delineates the sections pertinent to revoking a diplomatic passport in India:
— Section 10(3) of the Passports Act, 1967: Allows for passport revocation if it was obtained through the suppression of material information, or for the protection of national sovereignty, integrity, or maintaining friendly foreign relations.
— Section 10A: Mandates that all passport holders must surrender their documents upon revocation.
— Section 10(3)(d): Provides grounds for revocation if the holder is convicted by an Indian court and sentenced to imprisonment for 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 External Affairs
MEA spokesperson, Randhir Jaiswal, emphasised that any revocation of a passport, including diplomatic ones, requires a judicial directive. "Passports can only be revoked on the directions of a court, as per the Passport Act of 1967," stated Jaiswal. He clarified the situation concerning Prajwal Revanna: "Revanna entered Germany using a diplomatic passport, and the process of revocation of such a passport necessitates a court order."
