Releasing a passport impounded/deposited in a 498a case

Nandini Bhatnagar vs State Govt of NCT of Delhi

Delhi HC

14/12/2012

CRL.M.C. 4231/2012

About/from the judgment:

It is settled law that right to travel is a facet of personal liberty and is protected by Article 21 of the Constitution of India. (See Maneka Gandhi Vs. Union of India & Anr., (1978) 1 SCC 248 and Satwant Singh Sawhney Vs. D. Ramarathnam, Assistant Passport Officer, Government of India, New Delhi & Ors., AIR 1976 SC 1836).

 

“This Court also takes judicial notice of the fact that the condition of obtaining prior permission before leaving the boundary of Delhi is a cumbersome one as the permission takes time and causes hardship to the petitioner. This Court is of the view that the impugned condition would certainly restricts the accused’s fundamental right to travel”

 

“Undoubtedly, the accused’s right to travel can be curtailed by a reasonable, transparent and fair procedure, but in the opinion of this Court such a restriction should be rarely imposed by the trial court while granting bail and that too, for cogent reasons.”

 

“Consequently, present petition is allowed and the condition imposed by the impugned order dated 06th October, 2012 restraining the petitioner from leaving the boundary of the NCT of Delhi as well as the NCR and the Country without the prior permission of the Court of Metropolitan Magistrate is set aside.

Read the Judgment

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