Right to travel abroad is part of fundamental right to dignity, personal liberty: Supreme Court
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The Supreme Court has held that the right to travel abroad is an inseverable part of the fundamental right to dignity and personal liberty.
This right can’t be merely “illusory”. A current judgment by a Bench led by Justice D.Y. Chandrachud determined the “interesting” query whether or not a courtroom could make the ban on travelling abroad a situation for granting bail.
The appellant, Parvez Noordin Lokhandwalla, needed leeway to go to the U.S. to revalidate his inexperienced card.
The competent courtroom is empowered to train its discretion to impose “any condition” for the grant of bail beneath Sections 437 (3) and 439 (1) (a) of the Code of Criminal Procedure, Justice Chandrachud famous.
However, this discretion of the courtroom has to be “guided by the need to facilitate the administration of justice, secure the presence of the accused and ensure that the liberty of the accused is not misused to impede the investigation, overawe the witnesses or obstruct the course of justice.”
The nature of the chance has to be rigorously weighed by the courts individually in every case for permission to travel abroad whereas out on bail. The circumstances for the grant of permission have to stability each the general public curiosity within the enforcement of felony justice with the rights of the accused.
“The human right to dignity and the protection of constitutional safeguards should not become illusory by the imposition of conditions which are disproportionate to the need to secure the presence of the accused, the proper course of investigation and eventually to ensure a fair trial,” Justice Chandrachud cautioned.
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