The court emphasizes the fundamental right to travel abroad under Article 21 while imposing stringent conditions to ensure compliance.
In a landmark judgment, the Punjab and Haryana High Court has granted permission for Raka Ghirra, a 61-year-old appellant, to travel to Spain, Switzerland, and Czechia for a period of one month, from April 10, 2026, to May 10, 2026. The decision, delivered by Justice Aman Chaudhary, highlights the fundamental right to travel abroad as a component of personal liberty under Article 21 of the Constitution of India. However, the court reinforced that this right is subject to reasonable restrictions and imposed several stringent conditions to ensure compliance with legal obligations.
The judgment came after Raka Ghirra had previously traveled abroad twice, returning timely on both occasions. Her legal counsel presented flight tickets, hotel bookings, and details of movable and immovable properties as part of the application to travel. The U.T. Chandigarh counsel verified these documents, while the CBI counsel opposed the application, demanding stringent conditions for the travel permission.
Citing precedents from the Supreme Court cases such as Parvez Noordin Lokhandwalla v. State of Maharashtra and Srichand P. Hinduja v. State through CBI, Justice Chaudhary emphasized the importance of the right to travel abroad for personal liberty and self-determination. The judgment also referred to key rulings like Satish Chandra Verma v. Union of India and Mrs. Maneka Gandhi v. Union of India, underlining the social and personal significance of the freedom to travel.
The court has set the following conditions for Raka Ghirra’s travel:
- 1. She must furnish bail bonds against her properties, submitting the title deeds to the concerned Duty Magistrate/Chief Judicial Magistrate.
- 2. A surety of Rs. 30 lakh from a family member must be provided.
- 3. A bank guarantee of Rs. 10 lakh is required, with an affidavit undertaking that the amount will be forfeited if she fails to return within the stipulated period.
- 4. Her affidavit must include her travel itinerary, e-tickets, visa details, and a commitment to appear within three days of return and surrender her passport.
- 5. Travel is restricted to Spain, Switzerland, and Czechia only.
- 6. Copies of the order will be sent to the embassies of the respective countries in New Delhi.
- 7. She must provide her mobile number and email ID, to remain operational during her travels.
This judgment reinforces the balance between individual rights and legal compliance, ensuring that the fundamental right to travel does not impede legal processes. The court’s decision underscores a careful scrutiny of travel permissions, particularly in cases under legal examination.
Bottom Line:
Right to travel abroad is a fundamental right forming part of the right to personal liberty under Article 21 of the Constitution of India, but it can be subjected to reasonable restrictions.
Statutory provision(s): Article 21 of the Constitution of India
Raka Ghirra v. CBI Chandigarh, (Punjab And Haryana) : Law Finder Doc id # 2879382
