Advocates Prannv Dhawan and Raghav Awasthi on Madras HC notice to Saurabh Das
Madras HC notice to Saurabh Das: Can a private petition test a citizen’s nationality?
A Chennai businessman’s writ petition mixes allegations of contempt with a challenge to the Cockroach Janata Party co-convener’s citizenship, and lawyers disagree on whether such a plea is maintainable
The Madras High Court has issued notice to Cockroach Janata Party (CJP) co-convener Saurabh Das and the Union government on a writ petition by a Chennai-based businessman. The petition seeks cancellation of Das’s passport, Aadhaar card and social media handles.
It alleges that he made remarks lowering the prestige of the judiciary and questions his citizenship because of alleged family ties to Nepal. The Centre must now file an affidavit on the background checks done when his identity documents were issued.
CJP spokesperson and advocate Prannv Dhawan called the admission of the plea “unfortunate”, saying it lets private individuals run fishing inquiries into a citizen’s background. He argued that the burden of proving someone is a foreign national lies with the state and the complainant, not the person targeted. He added that Indian law follows citizenship by birth, so shared lineage is not required, and said the Ministry of Home Affairs, not private litigants, should clarify official records.
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Political analyst and advocate Raghav Awasthi said the plea raises two separate issues. Fair criticism of judgments is protected, he said, but alleging improper motives or a lack of integrity in judges without proof amounts to criminal contempt under the Contempt of Courts Act, 1971. On citizenship, he noted that Article 19 rights are available only to citizens, that foreigners cannot take part in political activity, and that passports are issued only after police verification. If any documents were issued without due process, he said, the officials responsible should be held accountable.
Both experts said combining contempt and citizenship in one writ petition raises questions of procedure. Dhawan warned that if such challenges become routine, ordinary citizens without legal resources could be harassed through the process of law. The court’s proceedings will show how it balances the contempt and nationality claims against protection from procedural abuse.
