Recently, while hearing an appeal from a man convicted under the Prevention of Corruption Act requesting permission to go overseas, the Delhi High Court ruled that the ability to travel is a fundamental basic right that may only be restricted in rare situations.
In its January 24 judgment, a single judge bench of Justice Jasmeet Singh stated that the “pendency of an appeal where the sentence has been suspended does not come within the purview of an exceptional circumstance”.
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In October 2020, Gautam was convicted of violating sections 409, 420, and 120B of the Indian Penal Code and sections 13 (1)(c) and (d) of the Prevention of Corruption Act. The judge condemned him to three years of solitary confinement and a Rs. 1 lakh fine.
The trial court’s sentencing order was issued on October 26, 2022. Gautam has challenged both decisions in the High Court. While his appeal was being processed, the fine was paid, and his punishment was put on hold.
Gautam recently applied to travel overseas for one month after his daughter asked him to visit her in Dubai through email on December 9, 2022. The status report filed by the Central Bureau of Investigation (CBI) said that Gautam’s application was supported only by an email. The court accepted Gautam’s attorney’s claim that he was waiting for a court order before booking his flight or seeking a visa.
The court granted the motion on the condition that Gautam furnishes a personal bond and a surety bond in the amount of Rs. 1 lakh each and that he provides his mobile number to the Investigating Officer (IO) and maintains it in functioning order at all times.
It further instructed him only to turn off or replace the phone after informing the IO beforehand and to provide the address where he would be staying in D.C.
During the hearing, Gautam’s lawyer testified that his client had not booked his flights or applied for a VISA since he was waiting for an order from the HC. This explanation was “sufficient” in the HC’s eyes. Justice Singh ruled, “According to me, the right to travel is a valued basic right and should be restrained only in extraordinary situations”, and granted him limited travel permission.
