Right To Travel Is A Valuable Fundamental Right & Should Be Curtailed Only In Exceptional Circumstances: Delhi HC

The Delhi High Court recently observed that the right to travel is a valuable fundamental right and only in exceptional circumstances it should be curtailed.

The bench of Justice Jasmeet Singh made this observation while dealing with an application seeking permission to travel abroad filed by a man who was convicted and sentenced to 3 years of imprisonment in a case.

“According to me, the right to travel is a valuable fundamental right and should be curtailed only in exceptional circumstances.”, Justice Jasmeet Singh observed.

The appellant had filed an application before the Court seeking permission to travel to Dubai for a period of one month.

The counsel for the appellant stated that the appellant was waiting for an order from the Court before booking his tickets or applying for VISA.

Advocate AM Tripathi appeared for the appellant whereas Advocate Tarannum Cheema appeared for Respondents.

The Court noted that “The appeal is against an order of conviction dated 06.10.2020 and sentence dated 26.10.2022, wherein the appellant has been sentenced to 3 years rigorous imprisonment and a fine of Rs. 1 lakh respectively. The fine stands deposited and the sentence has been suspended during pendency of the appeal.”

The Court observed that the Pendency of an appeal where the sentence has been suspended does not come within the purview of an exceptional circumstance.

Accordingly, the Court allowed the application and granted permission to the appellant to travel to Dubai for a period of one month.

While granting the permission the Court directed the appellant to provide his mobile number to the Investigating Officer (IO) concerned, which shall be kept in working condition at all times.

The Court also directed that he shall not switch off, or change the number without prior intimation to the IO concerned.

The Court also directed him to furnish his address to the IO where he would be residing in Dubai.

Cause Title- Nitya Nand Gautam v. CBI

Click here to read/download Order