Diplomatic passport, Schengen visa helping Prajwal; what happens on June 4?

Wherever he is, the diplomatic passport of Janata Dal (Secular) leader and outgoing MP Prajwal Revanna, who faces multiple rape charges, will expire the day a new Lok Sabha comes into being in June.

If Prajwal loses the election in the parliamentary constituency of Hassan in Karnataka, his passport will automatically expire because he will cease to enjoy diplomatic status.

But even if he wins, there will be no automatic extension of the passport, which will have to be renewed by the Union Ministry of External Affairs (MEA) after approval from the Union Ministry of Home Affairs.

Legal validity

A diplomatic passport is typically valid for five years or until the end of the MP’s term, whichever is shorter. It must be surrendered upon the cessation of their tenure as an MP or if they cease to be eligible for any other reason.

When a diplomatic passport expires, the validity of any visa it has also ends. This means, Prajwal cannot apply for renewal of his diplomatic passport as he needs to come to India for that.

While the expiration of a diplomatic passport abroad could lead to arrest or detention, the outcome depends on factors like compliance with immigration laws and cooperation with authorities.

Access to multiple visas

Investigators believe Prajwal may be having visas other than a Schengen visa that enables him to be constantly on the move even as authorities and his family in India are asking him to fly back to face legal charges.

Prajwal, the grandson of former Indian Prime Minister HD Deve Gowda, flew off to Germany after the first round of balloting in Karnataka in April as it emerged in videos that he had sex with scores of women against their wishes.

He has denied the charge but has remained abroad since then. Both his uncle, former Karnataka Chief Minister HD Kumaraswamy, and grandfather Deve Gowda have more than once asked him to return to India without delay.

Diplomatic passport

While an Indian diplomatic passport grants MPs certain privileges and can facilitate visa-free travel to specific countries, it does not exempt them from needing visas.

It's confirmed that Prajwal flew to Frankfurt in Germany. A Schengen visa also allows one to travel to the 27 European countries for up to 90 days within a 180-day period. 

It has been stated that Prajwal travelled to England from Germany by train. The UK, which exited the EU in 2020, does not come under this visa regime. In fact, the UK was not covered by Schengen visa even when it was part of the EU. So, Prajwal probably has a UK visa, too.

With a diplomatic passport, Prajwal could have applied for and held multiple visas. MPs with diplomatic passports usually undergo expedited visa processing compared to those with regular passports.

MP privileges

The primary purpose of issuing diplomatic passports to MPs is to facilitate their official travel abroad when they represent India, an official said.

Diplomatic passports grant MPs privileges such as quick processing at customs and immigration as well as access to diplomatic channels at airports.

Diplomatic passports, however, are strictly meant for official travel. For personal trips, MPs must use regular passports.

The Indian government has the authority to cancel Prajwal’s passport, an official said. The delay in Prajwal's case despite the criminal charges he faces may be due to political reasons, a former foreign ministry official said.

What happens if re-elected?

According to a former MEA official in Bengaluru, if a MP is re-elected, his diplomatic passport does not automatically get renewed. The re-elected MP needs to submit a fresh application for renewal.

The MEA verifies the MP's continued eligibility for a diplomatic passport. Once the application is approved, a new diplomatic passport is issued.

If New Delhi revokes Prajwal’s diplomatic passport, it could lead to his deportation to India.

Plans to evade law?

Shedding light on Prajwal’s current stay, an official told The Federal: “We have all the details with us, but we cannot reveal the information at this juncture.”

Some officials fear that Prajwal may attempt to escape legal prosecution by going from one country to another. He could be surmising that as many women may not file a complaint, the case against him could get weakened.

"This may be the reason why Prajwal is unwilling to come back to India to face a SIT inquiry,” said one official.