Right To Travel Cannot Be Denied On Premise Of Pending Criminal Proceedings: Andhra Pradesh HC
While refuting with mere apprehension of the Respondent that travel of Petitioners to USA was intended to avoid the legal proceedings pending against them, and observing that there are ways and means to secure the presence of the Petitioners if they are avoiding legal proceedings initiated against them, the Andhra Pradesh High Court accorded permission to the Petitioners to travel abroad.
A Single Judge Bench of Justice Ninala Jayasurya held that “the Petitioners cannot be deprived of their Right to Travel on the premise that the Criminal proceedings are pending against them”.
Advocate Kiran Kumar appeared for the Petitioner, whereas, Advocate K. V. S. S. Prabhakar Rao appeared for the Petitioner.
The observation came in reference to an application seeking permission for the Petitioners to travel to the United States of America to visit their children, pending disposal of a criminal case registered for the offences punishable under Sections 498-A, 417 of IPC and Sections 3 & 4 of Dowry Prohibition Act.
After considering the submissions, the High Court found that in W.P.No.30286 of 2021, a Single Judge of the Court was dealing with the matter, wherein the request of the Petitioner for renewal of the Passport was refused on the ground of pendency of Criminal cases.
“The Learned Judge after referring to the provisions of the Passports Act, 1967 and the Rules framed there under disposed of the Writ Petition, with a direction to the petitioner to approach the concerned Criminal Courts where he is appearing as accused and seek for NOC for renewal of his Passport”, noted this, Court.
Elucidating that the Constitutional Bench of the Supreme Court in Maneka Gandhi’s case has categorically held that “no person can be deprived of his right to go to abroad, unless there is a Law made by the State, prescribing the procedure for so depriving him and the depravation is effected strictly in accordance with such procedure”, the Bench observed that no order of refusal has been passed in the present case, but the Petitioners were required to obtain orders from the concerned Court for renewal of Passport.
Accordingly, the High Court allowed the application subject to an affidavit of undertaking that the Petitioner will appear without fail, as and when required by this Court or any other Court in connection with the Criminal proceedings initiated against them pursuant to the complaint lodged by the Respondent and the consequential proceedings.
Cause Title: Rama Krishna Raju Samanthapudi and Ors. v. State of Andhra Pradesh and Anr.
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