Permission to Travel Abroad - Multiple cases affirm that the right to travel abroad is a fundamental human right protected under Indian law, particularly under Article 21 and the Passport Act, 1967. Courts have emphasized that restrictions can only be imposed with lawful justification, such as criminal proceedings or national security concerns, and not arbitrarily Rehana Begum, D/o (Late) N.M.D. Mustafa vs Chief Information Commissioner, Andhra Pradesh Commission, Mangalagiri, Guntur, Andhra Pradesh - Andhra Pradesh, Lokendra Singh S/o Shri Prayag Singh VS State of Rajasthan - Rajasthan.
Court Conditions and Restrictions - Courts have sometimes granted permission for travel with specific conditions, including prior approval from the trial court or restrictions on leaving the country. For example, in Rajasthan HC cases, applicants sought and received permission to travel abroad for family, medical, or livelihood reasons, often under certain conditions or after clarifications from authorities G. S. SANDHU S/O SH. A.S. SANDHU vs STATE OF RAJASTHAN - Rajasthan, R P MATHUR vs STATE THR. CBI - Delhi.
Rejection of Travel Requests - Travel applications can be rejected if there are ongoing criminal cases, bail conditions, or other legal restrictions. For instance, in cases where the petitioner faced allegations or was convicted, courts refused permission to travel abroad, citing legal restrictions or the need for prior approval Mohammed Arifuddin Rahman VS State of A. P. , rep by Public Prosecutor, High Court of A. P. - Andhra Pradesh, Khushwiner Singh vs State of Rajasthan - Rajasthan.
Judicial Insights - The judiciary recognizes the importance of personal liberty and the right to travel, but also balances this with legal and procedural safeguards. Courts have held that administrative reasons alone cannot justify denying travel rights, especially if the individual has secured visas and fulfilled procedural requirements State of Rajasthan VS Salman Salim Khan - Crimes, Mullapudi Srivani VS Bureau of Immigration - Telangana.
Analysis and Conclusion:
The Rajasthan High Court and other courts in India generally uphold the right to travel abroad as a fundamental right, subject to legal restrictions and procedural safeguards. Applicants seeking permission must usually obtain prior approval from the trial court or relevant authorities, especially when involved in ongoing criminal proceedings or bail conditions. Recent judgments reinforce that arbitrary denial without lawful justification violates constitutional rights, and courts tend to favor granting permission for travel when legitimate reasons such as family, medical, or livelihood needs are presented, provided legal conditions are met.
Previous permissions for travel had been granted. ... ... ... Issues: The main issue was whether the applicant could renew his passport and travel abroad under the existing conditions ... abroad for family medical reasons. ... Learned Senior Counsel appearing on behalf of the appellant/applicant submits that the Regional Passport Officer, Jaipur, Rajasthan is still seeking clarification with respect to the permission given to the appellant/applicant to tra....
Further, they shall not leave the station or travel abroad without the prior permission of the trial court. 10. In Mt. Choki v. ... State, AIR 1957 Raj 10, Rajasthan High Court observed that special treatment of women and children in bail matter is not inconsistant with Article 15 of Constitution of India. 11. In Hare Ram Chowdhary v. ... In State of Rajasthan v Balchand, AIR 1977 SC 2447, (Para 2 & 3), Supreme Court noticeably illustrated that the basic rule might perhaps be tersely put as bail, not ....
The petitioner had sought for permission of the Trial Judge to travel abroad. ... HIGH COURT OF JUDICATURE FOR RAJASTHAN ... State Of Rajasthan, Through Public Prosecutor Advisor to Rajasthan Cricket Association and he has to go to Dubai imposed certain conditions in para-22 or order which according to p style="position:absolute
... ... Ratio Decidendi: The Court concluded that without substantive justification, the right to travel abroad cannot be denied; ... abroad is a fundamental human right and cannot be infringed without lawful justification - Administrative reasons cannot override ... Her application was rejected due to claims of work-related exigencies despite her securing a visa and tickets for travel. ... Counsel appearing for Respondent Nos.1 & 2 have filed a Memo on 14.08.2025, under which the copies of the following Judgments have ....
Therefore, even if petitioner’s passport is ordered to be released to the petitioner, he may not be in a position to travel abroad ... to Saudi Arabia unless the Court grants permission to leave India. ... In PawanKumar v State of Rajasthan of person who was accused of the offences under Sections 304-B and 498-A IPC was eking out his ... to travel abroad for pursuing his livelihood. ... Therefore, even if petitioner’s passport is ordered to be released to the petitioner, he may not be ....
to travel abroad - The petitioner, facing allegations under IPC, sought permission to travel abroad for livelihood, which was denied ... (Paras 1-8) ... ... (B) Fundamental Rights - The right to travel abroad is a fundamental right, ... Passports Act, 1967 - Sections 6(1) and 6(2) - Criminal Procedure Code - Section 482 - Petition to quash lookout circular and seek permission ... (iv) if such order gives permission to t....
Laundering Act – Criminal Cases – Petitioner for recovery of an amount – Held, Thus, no person can be deprived of his right to, go abroad ... reason, in order to comply with requirement of Article 21, that Parliament enacted Passport Act, 1967 for regulating tight to go abroad ... In view of the law laid down by aforesaid judgments and also considering the fact that petitioner wants to travel abroad for short period, this Court is inclined to grant permission to the petitioner to travel#HL_END....
(1) of the Cr.P.C with inter alia restrictions that the respondent will not leave the country without prior permission ... The order of suspension of sentence was modified and permission was granted to the applicant to travel abroad without seeking permission of the court each and every time. ... The order of conviction is coming in his way to travel abroad which has resulted in negating the order granting him permission to go abroad#HL_END....
The order of suspension of sentence was modified and permission was granted to the applicant to travel abroad without seeking permission of the court each and every time. ... The order of conviction is coming in his way to travel abroad which has resulted in negating the order granting him permission to go abroad. His profession requires him to travel abroad. He is not a public servant and nor has he been convicted....
includes the right to travel for significant family events, and stated that denying this right could cause irreparable emotional ... (Paras 3, 5, 6, 11) (B) Right to travel - The court recognized the fundamental right to personal liberty, which ... (iv) if such order gives permission to travel abroad for a period exceeding one year, and does not specify the validity of the passport, then the passport shall be issued for the period of travel abroad specified in the or....
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