The story so far: Nearly a month after a Special Investigation Team (SIT) began probing allegations of sexual assault and abuse against Hassan MP Prajwal Revanna, sources in the Ministry of External Affairs (MEA) have confirmed that the Karnataka government’s request to revoke the diplomatic passport of the suspended Janata Dal (Secular) leader is “being processed.”
The development came after Karnataka Chief Minister Siddaramaiah wrote to Prime Minister Narendra Modi, urging him to cancel Mr. Revanna’s diplomatic passport and take “prompt and concerted actions” to ensure his return to India. In a second letter to the PM, dated May 22, 2024, the CM emphasised that “such abuse of privileges and deliberate acts of non-cooperation with legal proceedings deserve serious action by the Central Government or its instrumentalities to secure the presence of the accused to face investigation and trial.”
The suspended Hassan MP, who is believed to be in Europe, fled the country using his diplomatic passport last month after his constituency went to the polls in the second phase of the Lok Sabha elections, and hours before the SIT was constituted to probe charges of rape, sexual harassment, and criminal intimidation against him.
What is a diplomatic passport?
Under the Passport Act of 1967, the Central government issues three classes of passports — ordinary, official and diplomatic — and travel documents such as emergency certificate and certificate of identity, to those who wish to leave the Indian mainland by land, water or air.
The deep blue-coloured ‘ordinary passports’ are issued for personal travel for adults with a validity of 10 years for adults and five years for minors or till they attain the age of 18. There was a proposal to roll out orange passports for citizens under the Emigration Check Required (ECR) category. The Narendra Modi-led government, however, rolled back its decision after Opposition criticism over its discriminatory nature.
Official passports with white jackets are issued to designated Government officials and other individuals specifically authorised by the Centre to work abroad on official assignments.
A diplomatic passport, or Type ‘D’ passport, is for designated members authorised by the Centre to represent the country. These include senior government officials, Members of Parliament and their spouses. Such a passport has a maroon jacket and is valid for five years or less, depending on the position of the holder and the nature of their assignment and visit. While ordinary passports are issued through a network of passport offices across the country, the Consular, Passport & Visa (CPV) Division of the MEA exclusively handles matters related to the issuance of diplomatic and official passports.
Certain privileges accompany a diplomatic passport.
Are MPs entitled to diplomatic passports?
According to the MEA, diplomatic passports are issued to individuals with diplomatic status, those on diplomatic assignments abroad, and those in “certain positions” as determined by the Central Government. Diplomatic passport holders travelling abroad for official purposes typically do not pay visa fees. They have immunity from arrest under international law and expedited immigration.
Besides officials working at Indian missions, Members of Parliaments and their spouses are entitled to diplomatic passports along with ordinary passports.
In the context of MPs, while diplomatic passports can be used for private visits like tourism or to visit friends and relatives, they are not meant to be used when travelling abroad for private business, as per the provisions.
Notably, MPs visiting abroad must inform the Secretary-General about the purpose and other information related to their visit at least three weeks in advance so that the MEA is informed of the same, according to a parliamentary bulletin of the Rajya Sabha Secretariat, dated December 2022. In case of official visits, political clearances from the MEA are sought by the Rajya Sabha Secretariat on behalf of the Members.
“Members, when using diplomatic passports, are required to apply for prior political clearance directly to the MEA by using the link www.epolclearance.gov.in and ensure that before proceeding abroad the requisite political clearance has been obtained. Requests may kindly be made at least three weeks in advance,” the bulletin says. This is also applicable for private visits like tourism, or visiting friends, it mentions.
For a private visit to a foreign country requiring a visa, the MEA issues visa notes after the member submits a specific request with the necessary political clearance.
Then, how did Prajwal Revanna travel abroad?
Diplomatic passport holders do not need a visa note from the MEA when travelling to any of the 34 countries with which India has mutual visa waiver agreements for diplomatic passports. Under this exemption, the permitted period of stay ranges between 30 and 90 days.
Germany, where Mr. Revanna allegedly fled to in April, is one of the countries that has an operational ‘Visa Exemption Agreement’ for diplomatic passport holders. A person travelling to Germany on a diplomatic passport can stay in the country without a visa for up to 90 days.
Notably, the MEA has clarified that Mr. Revanna did not seek the necessary political clearances before his travel, nor did the Ministry issue any visa note for his travel to Germany.
What are the conditions under which a diplomatic passport can be revoked?
The passport authority can impound or revoke a passport if the holder has provided wrong information, has been convicted in a criminal case, or there are pending criminal proceedings in an Indian court, or if it is in the overall national interest.
Section 10(3) of the Passport Act of 1967, which deals with ‘variation, impounding and revocation’ of passports and travel documents mentions the circumstances in detail.
As per the Act, a passport can be impounded or revoked if the holder is in wrongful possession or has provided wrong information to the authority; or if the authority believes that impounding or revoking the passport will be in the interests of the country’s sovereignty, integrity, security, maintaining friendly relations with a foreign country, in the interests of the general public; or any of the conditions of the passport have been unfollowed.
The passport of a person convicted by an Indian court of an offence involving “moral turpitude” and sentenced to at least two years in prison after the passport was issued can also be confiscated.
Further, a passport can also be impounded or revoked if there are pending proceedings against the holder in a criminal court, or if a court has issued a warrant or summons for the holder’s appearance or arrest, or if there is a court order prohibiting their departure from India, as in the case of Prajwal Revanna.
Last week, a Special Court for Elected Representatives issued an arrest warrant against the absconding MP in the sexual assault case against him on a plea by the SIT investigating the case.