The authorities had accused the man of concealing information about his citizenship status
A man whose passport was revoked by the Regional Passport Office (RPO) on charges that he had concealed information about the origin of his parents belonging from Tibet has been given his passport back by the Delhi High court after observing that the authorities have conducted themselves in a callous manner.
“The respondents (passport authorities) have acted not only contrary to law but also in an unfair and a callous manner. The petitioner has been denied the passport facilities for now almost five years and on grounds, which can most charitably be described as illusory,” the court said in its 15-page order.
According to the petition filed by Karma Gyaltsen Neyratsang, his passport facilities were withdrawn on the ground that the petitioner’s parents were of Tibetan origin and accordingly he was required to acquire citizenship of this country before being granted any passport.
Neyratsang and his twin brother were born in Darjeeling, West Bengal. They belonged to the Bhutia Community of Tibetans and practise Buddhism. On June 29, 2012, he received a show cause notice seeking a reply as to why his passport should not be impounded.
He replied stating that he was an Indian citizen by birth and not a Tibetan national thereby denying that he had concealed his Tibetan identity. However, the passport authorities revoked his passport citing a circular issued by the Ministry of Home Affairs which stated that children born to a Tibetan Refugee in India were not be treated as Indian citizen by birth and all such persons would have to make a separate application under relevant section of the Citizenship Act, 1955.
On August 19, 2014, the Chief Passport officer revoked the passport. This was challenged in the court and the matter of Neyratsang twin brother, who was facing the same issues were tagged along.
In a reply to the court, the authorities stated that the orders to revoke the passport were passed after receiving inputs from the Intelligence Bureau that the petitioners were involved in anti-national activities. The reply also stated
that the petitioner had bought a property using foreign funds.
The court, however, observed that the authorities have been “shifting stands and the grounds on which the passport facilities have been denied have been modified more than once”.
“There is no material to support the allegation the petitioner is not an Indian national,” the HC said.
Origin of the story
Neyratsang’s passport facilities were withdrawn on the grounds that the petitioner’s parents were of Tibetan origin
He was required to acquire citizenship of this country before being granted any passport
The court, however, observed that the authorities have been ‘shifting stand’
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