The Punjab & Haryana High Court has ruled that the right to travel abroad is a fundamental right, emphasizing it shouldn’t be misconstrued as a risk of fugitivity. In a recent case, the court allowed an accused student to pursue higher studies in Germany.
Key Aspects of the Judgment-
Fundamental Right to Travel: The court recognized travel abroad as a fundamental right under certain circumstances.
Balancing Rights and Risks: The decision appears to balance individual rights with considerations of trial proceedings.
Accused Student’s Case: Permission was granted for the student to study in Germany, indicating case-specific considerations.
Contextual Considerations-
Conditions May Apply: Courts often impose conditions on accused individuals permitted to travel abroad.
Precedents and Legal Framework: Indian courts weigh factors like trial pendency, accused’s conduct, and purpose of travel.
Contrasting Case: In another case (Dalbir Singh Pandher v. State), the P&H High Court denied travel abroad permission citing pending trial.
Implications-
Individual Circumstances Matter: Outcomes depend on specifics like purpose of travel, accused’s profile.
Judicial Discretion: Courts assess risks and rights on a case-by-case basis.
The Punjab & Haryana High Court ruled that the right to travel abroad is a fundamental right, allowing an accused student to pursue studies in Germany. The decision underscores that this right isn’t inherently a fugitivity risk, reflecting a balance between individual rights and judicial considerations in specific cases, aligning with broader interpretations of rights in India.
