Pendency Of Vigilance Inquiry Not Valid Reason To Restrict Person's Right To Travel Abroad: Delhi High Court Permits Accused To Travel Abroad For Honeymoon
The Delhi High Court observed that a pending Vigilance Inquiry does not provide a legitimate basis for restricting a person’s right to travel abroad.
The Court while allowing the Petitioner to travel abroad for her honeymoon, subjected her to certain restrictions. The Court noted that the Petitioner would be available for the Inquiry after returning from her honeymoon. The Court reiterated that the fundamental right to travel abroad is guaranteed under Article 21 of the Constitution.
The Bench of Justice Subramonium Prasad observed, “This Court is of the opinion that a Vigilance Inquiry cannot be an impediment for the Petitioner to travel abroad. The Petitioner would be available for Vigilance Inquiry after she comes back from her honeymoon”.
Advocate Anish Dhingra appeared for the Petitioner and Standing Counsel Vineet Dhanda appeared for the Respondent/State.
Per the facts on record, the Petitioner was arrested by the Central Bureau Of Investigation (CBI) for offences under Sections 7, 7A, 8, 9, 10, and 12 of the Prevention of Corruption Act, 1988 (PC Act) read with Section 120B of the Indian Penal Code, 1860 (IPC). She was thereafter granted bail by the Trial Court to travel abroad for her honeymoon. Therefore, she approached the State but was rejected. Aggrieved, the Petitioner approached the High Court challenging the order of the State.
The Court noted that a pendency of a Vigilance Inquiry does not constitute a valid reason to restrict a person's right to travel abroad, which is enshrined in Article 21 of the Indian Constitution. The Court emphasized that the Petitioner would still be available for the inquiry upon her return from her honeymoon. Recognizing the lack of an imminent threat that the Petitioner would not return to India, the Court permitted her to travel abroad subject to certain conditions imposed by the Trial Court.
Accordingly, the Court listed the matter for November 20.
Cause Title: Ruhi Arora v Union Of India
