New Delhi, Jun 29 (PTI) CPI(M) Rajya Sabha MP John Brittas has sought the intervention of External Affairs Minister S Jaishankar over what he described as a larger constitutional concern arising from the denial of passport renewal based on 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.
Brittas emphasised that this issue extends beyond a single individual and raises important questions about how decisions related to electoral rolls can affect rights defined under a separate statutory framework.
He explained that Ramadas was issued an Indian passport in 2005, which was renewed in 2015, with no changes to his identity, parentage, address, or nationality recorded. He said the alleged reason cited by the Regional Passport Office for denial was only “voter list deleted from SIR”.
The CPI(M) MP argued that the SIR process relates to the preparation of electoral rolls and is not an adjudication of citizenship under the Citizenship Act. He asserted that deletion from an electoral roll, particularly when such a decision is under challenge, cannot automatically become the basis for refusing passport renewal.
Brittas pointed out that while a passport may not definitively prove citizenship, its issuance represents a statutory determination by the Passport Authority under the Passports Act of 1967 and should not be deemed insignificant simply because another authority under a different law has made a provisional administrative finding.
He referenced Supreme Court rulings, including the landmark case of Maneka Gandhi vs Union of India, which established that the right to travel abroad is part of personal liberty under Article 21 of the Constitution. Any restrictions must adhere to standards of fairness, reasonableness, and non-arbitrariness.
Questioning the alleged role of police verification, he said it is meant to provide information regarding identity, address and antecedents and cannot become a mechanism for determining citizenship solely based on electoral status.
He underscored that the Passports Act outlines specific grounds for passport refusal, and neither exclusion from an electoral roll nor the pending status of proceedings under the SIR is listed as a statutory disqualification.
He urged the External Affairs Ministry to ensure that the application is examined on its own merits under the Passports Act and sought clarification to passport authorities that exclusion from electoral rolls during SIR proceedings does not, by itself, constitute a ground for denying passport renewal.
Describing the issue as one affecting public confidence in the integrity of sovereign documents issued by the Republic of India, Brittas urged the Ministry to reconsider the case strictly in accordance with the Passports Act, 1967 and to ensure that independent statutory satisfaction under that Act is not replaced by administrative findings recorded under an entirely different legal regime. PTI
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