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Allows The Wire Editor Siddharth Varadarajan to Travel to New York
The (Lucknow Bench) on , permitted Siddharth Varadarajan, editor of the online news portal The Wire , to travel to New York, USA, from September 28 to . Justice Chandra Dhari Singh granted the permission after accepting Varadarajan’s for failing to surrender his passport as directed in a 2020 order, noting that the non-compliance stemmed from a of the bail conditions.
Background: A 2020 FIR and Bail Conditions
The case originates from an FIR registered in 2020 at , under Sections 188 and 505(2) of the . The complaint alleged that Varadarajan had tweeted a defamatory report published by The Wire on , titled “Covid-19 Cases Spike in Nizzamuddin Nehru Stadium in Delhi to Become Quarantine Centre,” and had subsequently tweeted about it. The High Court granted him on , subject to several conditions, including the surrender of his passport and restrictions on foreign travel.
The Present Application: Clarification and Travel Permission
In the current application, Varadarajan sought clarification that two specific conditions from the 2020 order—requiring him to deposit his passport and seek court permission before traveling abroad—would only become operative after the trial commenced. He also sought permission to travel to New York for a scheduled programme. During the hearing, his counsel, Senior Advocate , stated that the applicant was not pressing the clarification prayers at that stage and was only pursuing the travel permission.
Varadarajan explained to the court that he had misinterpreted the bail conditions and therefore did not surrender his passport within the stipulated time. He tendered an “unconditional and unqualified apology” and undertook to appear before the trial court on , immediately after returning from abroad, and to surrender his passport on that date.
Arguments of the State: Non-Compliance and
The Additional Government Advocate opposed the travel request, arguing that Varadarajan had violated the 2020 order by not depositing his passport and that several summons issued since 2020 remained unserved because the applicant evaded service. The State expressed apprehension that Varadarajan might not return to India and could evade the legal process.
Court’s Observations: No , Trial Delay, and Right to Travel
Justice Chandra Dhari Singh rejected the State’s objections, noting that Varadarajan had traveled abroad multiple times over the past six years and had always returned to India. The court observed that despite six years, the trial had not commenced and that the State had not taken serious steps to ensure Varadarajan’s presence before the trial court.
The court accepted the apology, condoned the delay in passport surrender, and cautioned Varadarajan to strictly comply with all future directions. Citing the ’s decision in Parvez Noordin Lokhandwalla vs. State of Maharashtra (2020), the High Court reiterated the principle that “merely because a person is an accused, he cannot be deprived of his ” and that courts must strike a balance between personal liberty and the interests of investigation or trial.
Key Observations from the Judgment
- “It is a settled law that merely because a person is an accused, he cannot be deprived of his .”
- “The Court has to .”
- “The applicant has travelled abroad several times and also returned to India. Therefore, I do not agree with the submissions of the learned A.G.A. that there is any or any reason for apprehension that the applicant may not return to India.”
The Decision: Permission Granted with Conditions
The High Court permitted Varadarajan to travel to New York from September 28 to , subject to the following conditions:
- He must file an undertaking to return to India on or before October 9, 2026, and appear before the trial court on .
- He shall furnish his itinerary, place of stay abroad, contact number, and email ID.
- He shall not tamper with evidence or influence witnesses during his stay abroad.
- He must deposit his passport with the Senior Registrar of the court within a week of returning to India.
- If he fails to return within the stipulated period, the State may take coercive steps.
The court also directed the passport authorities and the to permit Varadarajan to travel for the specified period without obstruction on grounds of the pending criminal case. The application regarding the clarification of bail conditions will be heard on .
