HC upholds right to go abroad as fundamental right under Articles 19 & 21

Kolkata: The Calcutta High Court recently upheld the right to go abroad as a fundamental right under Articles 19 and 21 of Constitution of India in a case where it allowed the daughter of a principal accused to travel abroad.

The Division Bench of Justice Joymalya Bagchi and Justice Ananya Bandopadhyay was hearing a case wherein the petitioner, the daughter of a principal accused in an alleged ponzi scam, appealed to the court to let her travel to the United Kingdom to bring her brother-in-law back

to India. The petitioner’s counsel submitted that the petitioner’s brother-in-law has his post graduate education in Imperial College, London. She had earlier offered that her second cousin would stand as a surety for her return to the country following her trip to the UK.

The court had then directed the state to verify the credentials of the said person and the state had sought for further time.

It was learnt that the petitioner’s mother was also arrested along with the principal accused, the father, but she has expired. Considering the materials on record, the court observed that “investigation is in progress and temporary absence of the petitioner would not prejudice the progress of trial”.

The court observed: “Right to go abroad is a part of fundamental right enshrined under Articles 19 and 21 of the Constitution of India and unreasonable restrictions thereon ought not to be imposed.” The court allowed the petitioner to travel to London to meet the brother -in-law and accompany him back to India by August 30, 2024 but subject to certain terms and conditions.

Prior to her leaving the country, the petitioner shall submit a bond of Rs 5 lakhs to the satisfaction of the trial court; the second cousin who is standing as a surety was directed to submit an undertaking before trial court that the petitioner will return on or before August 30, and shall furnish a bail bond to the tune of Rs 1 lakh. Also his passport, if any, shall be deposited with the trial court. The court directed that upon the aforesaid bonds and surety being furnished the investigating officer shall handover the passport to the petitioner to go abroad. Upon her return, the petitioner shall deposit her passport before the trial court by September 2, 2024. Further, on her return, her second cousin’s passport too shall be returned. The court directed filing of a compliance report on the adjourned date. The matter is next set to appear in September.