Kerala High Court Allows Rajya Sabha MP A.A. Rahim To Retain His Diplomatic Passport For The Rest Of His Tenure

A. A. Rahim has been a Member of Parliament in the Rajya Sabha since April 2022 and a Member of the Parliamentary Standing Committee on Transport, Tourism and Culture.

He contended that his term as MP ends only on 31.3.2028 and he is entitled to hold a diplomatic passport at least for the rest of his tenure.

He is arraigned as an accused in a 2018 case pending before the Magistrate. He had approached the trial court for permission to travel abroad in the discharge of his official duties as a Member of the Standing Committee. The Court while deciding on this application allowed the petitioner to hold a diplomatic passport having validity only of 2 years.

The petitioner contended that the 2-year term fixed by the trial court is illogical and unreasonable and causes him severe hardship. He added that the order infringed on his right to travel outside India.

Justice C. S. Dias held that the order of the trial court was unreasonable and unjustifiable. He said that Rahim can hold a diplomatic passport till the remaining term of his office. He directed Rahim to submit his ordinary passport, apply for a diplomatic passport and file an undertaking before the Trial Court that he would appear before the Court as and when directed.

Counsel for Petitioner: Advocates S. K. Adithyan, Reuben Charly, Shahina Noushad

Counsel for Respondent: Public Prosecutor Adv. Seetha S.

Case No: Crl.M.C 5782 of 2024

Case Title: A. A. Rahim v State of Kerala and Others

Citation: 2024 LiveLaw (Ker) 487