Punjab and Haryana High Court Grants Accused Businessman Right to Travel Abroad Amidst Ongoing Trial

Court Balances Right to Personal Liberty with Judicial Discretion to Permit Travel for Business Purposes

In a significant judgment delivered by the Punjab and Haryana High Court, Justice Sumeet Goel ruled in favor of Jonty Chhag @ Jonty Vinay Chhag, allowing him to travel abroad for business meetings despite ongoing trial proceedings. The court emphasized the fundamental right to personal liberty under Article 21 of the Constitution, which includes the right to travel abroad, balancing it against the need to ensure the presence of the accused during the trial.

The petitioner, facing charges under multiple sections of the Indian Penal Code, had previously been granted permission to travel to Sharjah and Doha, complying with all court-imposed conditions and returning on time. However, his latest request to travel for business purposes was initially denied by the SDJM, Gharaunda, District Karnal, Haryana, on concerns of potential flight risk and trial delay.

Justice Goel highlighted that the right to travel is an integral part of personal liberty and should not be denied on speculative grounds. The court underscored the necessity of tangible evidence to substantiate any claims of flight risk. The judgment reiterated that while the right to travel is crucial, it is not absolute and must be weighed against public interest and the integrity of the judicial process.

The court acknowledged the globalized nature of modern business, recognizing that international travel is often indispensable for businesspersons. The petitioner was deemed to have demonstrated bona fide intentions, having successfully adhered to previous travel conditions. Consequently, the court allowed the petition with conditions, including a requirement for a bank guarantee to ensure his return.

This ruling reinforces the judiciary's role in safeguarding fundamental rights while ensuring justice is served, setting a precedent for balancing individual freedoms with the demands of the legal system.

Bottom Line:

Right to travel abroad during trial proceedings is an integral part of personal liberty under Article 21 of the Constitution, but subject to judicial discretion ensuring a balance between individual liberty and the interests of justice.

Statutory provision(s): Article 21 of the Constitution of India, Sections 437, 438, 439 of the Criminal Procedure Code, 1973, Sections 480, 482, 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Jonty Chhag @ Jonty Vinay Chhag v. State of Haryana, (Punjab And Haryana) : Law Finder Doc Id # 2800386