The Calcutta High Court on Thursday declined to grant passport relief to a man whose name was excluded from the electoral rolls during the Special Intensive Revision (SIR) exercise, stating that the question of citizenship must be resolved before travel documents can be issued.
Court's Stance on Citizenship Priority
Justice Sabyasachi Bhattacharya observed that the issuance of a passport is contingent upon the applicant's citizenship status. The court remarked that unless the petitioner's citizenship is established, the passport application cannot be processed. The judge directed the authorities to first determine the man's citizenship status before considering his passport request.
The petitioner had approached the court after his passport application was kept on hold by the Regional Passport Office in Kolkata. The hold was based on the fact that his name had been removed from the voter list during the SIR exercise, which raised questions about his citizenship.
Details of the Petition
The man, a resident of West Bengal, argued that his name was removed from the electoral rolls without proper notice or opportunity to be heard. He claimed that he had been a voter for several years and that the deletion was arbitrary. His counsel contended that the passport authorities should not rely solely on the electoral roll deletion to deny the passport, as the electoral roll status is not the sole determinant of citizenship.
However, the court disagreed, emphasizing that the electoral roll is a key document for establishing citizenship. The judge noted that if a person's name is not in the voter list, it raises a presumption against their citizenship, which must be rebutted by the individual.
Impact and Precedent
The ruling underscores the link between electoral rolls and passport issuance in India. According to the Passport Act, 1967, a passport can only be issued to an Indian citizen. The SIR exercise, conducted to update electoral rolls, often involves scrutiny of names suspected of being fake or belonging to non-citizens. The court's decision may affect similar cases where passport applicants face delays due to electoral roll issues.
The petitioner's lawyer stated that they would explore further legal remedies, including a possible appeal to a division bench. The case highlights the challenges faced by individuals whose names are removed during electoral roll revisions, particularly in border states like West Bengal, where citizenship concerns are sensitive.
