The Single Bench of the Delhi High Court in the case of Nitya Nand Gautam vs CBI consisting of Justice Jasmeet Singh held that the right to travel is a valuable fundamental right and should be curtailed only in exceptional circumstances.
Brief Facts:
The present application was filed seeking permission to travel to Dubai for a period of one month. The daughter of the Appellant had written an email requesting him to visit her in Dubai. The Appellant was waiting for an order from the Court before booking his tickets or applying for VISA.
Brief Background:
The Appeal was against an order of conviction wherein the Appellant was sentenced to 3 years of rigorous imprisonment and a fine of Rs. 1 lakh respectively. The fine was deposited and the sentence was suspended during the pendency of the Appeal.
Observations of the Court:
The Bench expounded that the right to travel is a valuable fundamental right and should be curtailed only in exceptional circumstances. The pendency of an Appeal where the sentence had been suspended does not come within the purview of an exceptional circumstance.
The decision of the Court:
The Delhi High Court allowed the application and the Appellant was permitted to travel to Dubai to meet his daughter on certain terms and conditions.
Case Title: Nitya Nand Gautam vs CBI
Case No: CRL.A. 585/2020
Coram: Hon’ble Justice Jasmeet Singh
Advocate for Appellant: Adv. Mr. AM Tripathi.
Advocates for Respondent: Advs. Ms. Tarannum Cheema, Ms. A. Singh.
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