MLA’s citizenship row: Telangana HC says be ready for bypoll if charges proved

Hyderabad: Dealing with the issue of citizenship row of Telangana Rashtra Samiti (TRS) MLA Chennamaneni Ramesh from Vemulawada constituency, Justice Abhinand Kumar Shavili of Telangana High Court commented that a byelection would be required, if the details submitted by Ramesh in 2019 before the Indian Embassy in Germany to get an Overseas Citizen of India card (OCI) to travel India without a visa were proven.

Justice Shavili was dealing with a writ petition filed by Ramesh, seeking to set aside the order passed by the Union home ministry, through which he was declared as ‘not a citizen of India’ on the ground that he had citizenship of Germany.

On Tuesday, V. Ravi Kiran Rao, senior counsel representing Adi Srinivas, who was defeated by Ramesh in election and on whose complaint the Union ministry had reacted, placed the details of an application submitted by  Ramesh before the Indian Embassy in Berlin in Germany seeking for an OCI card to travel India without a visa.

Senior counsel brought to the notice of the court the application forwarded in 2019 by Ramesh and he had submitted that he was a citizen of Germany and his occupation was ‘retired employee’. Further, counsel  explained that Ramesh was travelling to Germany from India on a German passport and using the OCI Card while returning to India. It is fraudulent play by the MLA, counsel submitted.

Responding to it, Justice Shavili commented that if that were proven, they should get prepared for a byelection.

Y. Rama Rao, counsel for Ramesh, submitted that as per the direction of the court, the Centre had to produce the letter from the German Consulate clarifying the citizenship of his client. “If the German Embassy clarifies that the petitioner is holding the citizenship of Germany, then he will be out of the court,” he added. He further submitted that holding of German passport did not mean that he was a citizen of Germany as per the Indian Citizenship Act.

However, N. Rajeshwar Rao, assistant solicitor general of India for the state of Telangana informed the court that Indian Embassy in Germany had clarified that the petitioner was holding the citizenship of Germany.

But, the judge, not satisfied with the information from the Indian Embassy, questioned why clarification had not been obtained from the German Consulate. This issue had been pending for 13 years, you (the Union government) had not yet obtained necessary information, the judge observed. Rajeshwar Rao answered that the German Consulate had refused to furnish the information sought by the Indian government saying that they could not disclose such information in compliance with the prevailing laws of the country.

Justice Shavili asked senior counsel Ravi Kiran Rao to verify the possibility of impleading the German Consulate as respondent party. But the counsel replied that it would not be possible as per the understandings between the countries and other rules.

The case was adjourned to 24 August 24 for final hearing.