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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
SUREPALLI NANDA, SREENIVAS RAO
Konatham Dileep Reddy Konatham Dileep – Appellant
Versus
State of Telangana – Respondent
JUDGMENT :
(Surepalli Nanda, J.)
Heard Sri Vivek Reddy, learned senior designated counsel representing Sri K.Prateek Reddy, learned counsel appearing on behalf of the appellant on record and learned Government Pleader for Home appearing on behalf of the respondents.
2. The present Writ Appeal has been preferred against the order, dated 01.05.2025 passed in W.P.No.13822 and the same is extracted hereunder:-
“Learned Government Pleader for Home takes notice for respondent Nos. 1 to 10 and submits that there are about 10 cases registered against the petitioner and thus, seeks time to file counter in the matter. List the matter after Summer Vacation, 2025.”
PERUSED THE RECORD:-
DISCUSSION:-
3. The case of the appellant in brief is that on 18.05.2025 at Donnington Pl Ashburn, Virginia, USA, a special function for book launch is scheduled on the occasion of 15th Death Anniversary of appellants’ father one late Sri Kontham Bakka Reddy and therefore, it is necessary for the appellant to travel and stay in the United States of America between 09.05.2025 to 11.06.2025 for the said purpose, but how ever, though the appellant sought an interim direction in W.P.No.13822 of 2025 directing the responden
The right to travel abroad is a fundamental right under Article 21 of the Constitution, which cannot be restricted without due process.
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.
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 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 fundamental right to travel abroad should not be deprived except by a just, fair, and reasonable procedure, as per the principles established by various judgments.
The right to travel must be balanced with the right of the prosecuting agency to ensure the accused attends trial and does not abscond.
The presumption of innocence guarantees an accused the right to travel abroad, contingent on judicial and procedural safeguards.
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