Delhi HC: Accused on trial cannot claim absolute right to foreign travel

The Delhi High Court has clarified that individuals undergoing trial for criminal offences cannot assert an unqualified right to foreign travel, even under Article 21 of the Constitution which guarantees the right to life and personal liberty.

The court's ruling came while examining a plea from an accused person who challenged restrictions on his international movement. The petitioner had argued that limitations on foreign travel constituted a violation of his fundamental rights as enshrined in the Constitution.

In its judgment, the high court recognized that while Article 21 does protect certain personal liberties, the scope of such protections is not absolute when individuals are subject to criminal proceedings. The court emphasized that the state has legitimate interests in ensuring the presence of accused persons during trial and in preventing potential flight from justice.

The decision establishes that travel restrictions imposed on those facing criminal charges must be evaluated in context, balancing individual rights against the judicial system's requirements for fair and effective proceedings. Courts have consistently held that such restrictions serve the essential purpose of ensuring accused persons remain available for trial.

This ruling provides guidance to lower courts handling similar petitions from accused individuals seeking to challenge travel bans or restrictions on passport validity during pending criminal cases.