Voter list deletion under SIR no basis to deny passports: CPM MP to S Jaishankar
CPI(M) Rajya Sabha MP John Brittas has sought External Affairs Minister S Jaishankar's intervention over what he called a larger constitutional concern linked to the
CPI(M) Rajya Sabha MP John Brittas has sought External Affairs Minister S Jaishankar's intervention over what he called a larger constitutional concern linked to the denial of passport renewal on the basis of exclusion from the electoral roll during the ongoing Special Intensive Revision (SIR) exercise in West Bengal. In a letter to Jaishankar on Monday, Brittas referred to the case of senior journalist and former The Telegraph editor Rajagopal Ramadas, whose passport renewal was allegedly denied after his name was deleted from the electoral roll during the SIR. The MP said the matter goes beyond one individual and raises important questions about how decisions related to electoral rolls can affect rights governed under a separate law. Read Full Story Brittas said Rajagopal was first issued an Indian passport in 2005 and it was renewed in 2015, with no change in his identity, parentage, address or nationality.
He said the alleged reason given by the Regional Passport Office for the denial was only "voter list deleted from SIR". The CPI(M) MP argued that the SIR process concerns the preparation of electoral rolls and is not an adjudication of citizenship under the Citizenship Act. He said deletion from an electoral roll, particularly when the decision is under challenge, cannot automatically become the basis for refusing passport renewal. He said that while a passport may not conclusively prove citizenship, its issuance represents a statutory determination by the Passport Authority under the Passports Act, 1967. He argued that this should not be treated as insignificant because another authority acting under a different law has made what he described as a provisional administrative finding.
Referring to Supreme Court rulings, including Maneka Gandhi vs Union of India, Brittas said the right to travel abroad is part of personal liberty under Article 21 of the Constitution. He said any restriction on that right must meet standards of fairness, reasonableness and non-arbitrariness. Questioning the alleged role of police verification in the matter, he said the process is meant to provide information on identity, address and antecedents, and cannot become a mechanism for determining citizenship solely on the basis of electoral status. He also said the Passports Act lays down specific grounds on which a passport can be refused, and that neither exclusion from an electoral roll nor the pendency of SIR proceedings is listed as a statutory disqualification. Brittas urged the Ministry of External Affairs to ensure that the application is examined on its own merits under the Passports Act.
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