In a notable decision, the Delhi High Court has granted permission to an accused individual in a money laundering case to travel abroad for the purpose of his son's admission to a foreign university.
Justice Swarana Kanta Sharma, presiding over the case, emphasized that even in the face of legal proceedings, the "special moments of small pleasures in life" should not be denied.
Brief Facts:
The accused, Parvin Juneja, had filed an instant petition under Section 482 of the Code of Criminal Procedure, 1973, seeking the setting aside and modification of an order that denied him permission to travel abroad. The impugned order, passed by the learned Special Judge (PC Act) CBI-11, Rouse Avenue District Court, New Delhi, had rejected Juneja's request to travel to Canada, Norway, and London from August 26 to September 19, 2023. He sought the travel permit to facilitate his son's admission process, as well as for leisure and business purposes.
Contentions of the Parties:
Juneja's counsel argued that the petitioner had been granted permission to travel abroad on multiple occasions in the past without misusing the privilege. This track record was highlighted as a testament to his responsible behavior. Additionally, he emphasized that Juneja's presence was crucial for his son's admission into the Schulich School of Business at York University in Canada, a significant milestone in both their lives.
Observations by the Court:
Justice Sharma noted that the admission of a child to an educational institution marked an important chapter for both the parent and the child. The court acknowledged the significance of being present during such moments of achievement and togetherness. The judge underscored that the status of being an accused should not inherently deny a person these meaningful experiences.
The court highlighted that even though Juneja was facing trial, the desire to provide support and share in the joys of his child's accomplishments remained a valid and cherished aspect of parenthood. Rejecting the argument that the son might have outgrown the need for parental support, the court stressed that a child remains a child forever in the eyes of a parent.
The court ordered that Juneja be permitted to travel to Canada for 15 days to accompany his son during the admission process. However, this permission came with certain conditions, including furnishing a detailed travel itinerary and a fixed deposit receipt (FDR) of Rs.1,00,000 to be submitted to the court's registry. The court also required Juneja to maintain active communication via a provided mobile number and email address during his time abroad.
Justice Sharma pointed out that Juneja's consistent compliance with travel permissions in the past, coupled with his responsible conduct, warranted this allowance. The court upheld the importance of balancing an individual's personal liberty with the conditions imposed by the court for their attendance and participation in legal proceedings.
The decision further emphasized that the right to partake in special family moments and support one's child during significant milestones should not be denied, even when legal proceedings are underway. The court stressed that the petitioner's history of responsible travel was pivotal in the decision to grant him permission to be present during his son's admission process abroad.
Decision of the Court:
While the court granted the petitioner the right to travel for his son's admission, it directed him to present a separate application for travel related to leisure and business commitments. This application will be evaluated afresh by the learned Trial Court based on a complete itinerary and details, which will be verified by the relevant authorities before a decision is made.
Case Name: Parvin Juneja Vs Directorate Of Enforcement & Anr.
Coram: Justice Swarana Kanta Sharma
Case No.: CRL.M.C. 5143/2023
Advocates of the Petitioners: Ms. Pooja Mehra Seigal, Mr. Shubham Paliwal, Mr. Varun Garg and Mr. Harsh Pandya, Advocates
Advocates of the Respondent: Mr. Ravi Prakash, CGSC with Mr. Farman Ali, Ms. Astu Khandelwal, Mr. Aman Rewaria, Mr. Yasharth Shukla and Ms. Usha Jamwal, Advocates
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