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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUMEET GOEL
Jonty Chhag @ Jonty Vinay Chhag – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
SUMEET GOEL, J.
1. Taking exception to the order dated 05.09.2025 (hereinafter referred to as ‘impugned order’) passed by SDJM, Gharaunda, District Karnal, Haryana (whereby the plea of the petitioner – herein for grant of permission to travel abroad has been declined), the petitioner has preferred the petition in hand. In essence, the petitioner is seeking permission to travel abroad for business related purpose(s).
2. Shorn of non-essential details, the relevant factual matrix of the lis in hand is adumbrated, thus:
(i) The petitioner (herein) is an accused, facing trial, in FIR No.158 dated 13.03.2018 registered under Sections 420 , 406, 409, 467, 468, 471, 474, 120-B, 380 and 34 of IPC . Challan (charge-sheet) already stands filed and trial is underway.
(ii) The petitioner (herein) had earlier sought for and was granted permission to travel abroad in November, 2023 to Sharjah and thereafter in June, 2024 to Doha. The petitioner has complied with the directions imposed upon him while being granted these permissions and is shown to have returned back in time.
(iii) The petitioner again filed an application for traveling abroad to different countries for business meetings but
The right to travel abroad is a fundamental aspect of personal liberty, protected by Article 21, and should only be restricted by lawful and just procedures.
The right to travel abroad is not a fundamental right; denial for non-essential travel does not violate legal provisions.
The right to travel abroad is a fundamental right under Article 21, subject to reasonable restrictions, and cannot be denied arbitrarily to an accused not convicted of any offense.
The presumption of innocence guarantees an accused the right to travel abroad, contingent on judicial and procedural safeguards.
The right to travel abroad is a fundamental right under Article 21 of the Constitution, which cannot be curtailed by the pendency of departmental proceedings without due process.
Indefinite Look Out Circulars infringe on the fundamental right to travel abroad and violate the principle of proportionality under Article 21 of the Constitution.
The right to travel abroad is a fundamental liberty, and courts must balance this right with the necessity of the accused’s presence in trial proceedings.
Point of Law : Principles for granting exemption from personal appearance of the accused can be applied to appropriate sessions case as well.
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