The Delhi High Court permitted an appellant to travel abroad to attend a Rotary Club assembly, noting that due to the acute shortage of judges and consequent delays in deciding appeals, leisure trips fostering social and business ties should not be unreasonably curtailed. The Court notably observed that “depriving the applicant/appellant of free movement, even if to enjoy leisure trips, cannot be justified".
The appellant had approached the Delhi High Court seeking permission to travel to Almaty, Kazakhstan and Georgia from May 1 to May 11, 2025, to attend a Rotary Club assembly. It was contended that the event was important for his social ties and business networking. The Central Bureau of Investigation (CBI) opposed the plea, arguing that there was a risk of the appellant not returning to face the pending sentence, which had been suspended earlier. The appellant, however, relied on his prior record of compliance when earlier permissions were granted and emphasised his deep roots in society, including his advancing age and family connections within India.
The counsel for the appellant submitted that he had previously been permitted by the Court to travel abroad and had faithfully returned to pursue the pending appeal. It was further argued that the appellant, being around 67 years old, had no intention of fleeing justice, and that he had strong societal ties, with his sons professionally established in India.
On the other hand, the Special Public Prosecutor for the CBI contended that permission should be denied, drawing attention to a previous order where a leisure trip had been declined. It was submitted that allowing the appellant to travel could risk non-return and undermine the judicial process.
The High Court, after examining the record, noted that permission had earlier been granted for business trips while leisure trips were previously declined. However, the Court emphasised that the chronic backlog of cases, caused by an acute shortage of judges and a heavy docket, had resulted in undue delays in the disposal of appeals.
The Court observed, "In my considered view, since on account of overflowing dockets, this Court is unable to decide the appeals within reasonable period of time, right to even leisure trips to certain extent ought not be declined." Further elaborating on the significance of events like the Rotary Club assembly, the Court remarked, "The events like club assembly of Rotarians are more in the form of general get-togethers where social relations are developed and nurtured in addition to business relations."
The Court also expressed concern over the long-pending nature of regular matters, noting, "On account of acute shortage of judges as compared to the general population and the litigation quantum, for past long time, the list of regular matters does not reach till end of the day of hearing."
Acknowledging the need to ensure the appellant's return, the Court decided to impose conditions to safeguard judicial proceedings without unjustly restricting personal liberty.
Accordingly, the High Court allowed the appellant to travel abroad to Almaty, Kazakhstan and Georgia from May 1 to May 11, 2025. The permission was granted subject to furnishing a personal bond of Rs. 5,00,000/- with one surety in the like amount to the satisfaction of the Registrar General of the Court. Additionally, the appellant was directed to return to India on or before May 12, 2025, and to place on record a copy of his passport reflecting his travel within one week of his return.
Case Title: Mukesh Gupta @ Mukesh Kumar Gupta vs. Central Bureau of Investigation
Case No: CRL.A. 535/2019
Coram: Justice Chandra Dhari Singh, Justice Anup Jairam Bhambhani
Advocate for Petitioner: Adv. Vikas Arora
Advocate for Respondent: Adv. Ripudaman Bhardwaj
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