AI Overview...
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Right to Travel Abroad - Fundamental Right: The Supreme Court consistently recognizes the right to travel abroad as a fundamental human right protected under Article 21 of the Constitution. Multiple judgments affirm that this right cannot be arbitrarily denied without proper judicial scrutiny or lawful restrictions. Anju Bala VS Gail (India) Limited - Delhi, Pradyumn Ahuja VS State of NCT of Delhi - Delhi, Mohd. Hasan VS Union of India Thru. Secy. Ministry Of External Affairs New Delhi - Allahabad, Mehul Sukumaran vs Central Bureau of Investigation - Himachal Pradesh, Rajeev Singh Dugal S/o Purushottam Singh Dugal VS State of Jharkhand - Jharkhand, Rajeev Singh Dugal son of Purushottam Singh Dugal VS State of Jharkhand - Jharkhand, Mehul Sukumaran vs Central Bureau of Investigation - Himachal Pradesh
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Judicial Protection and Conditions: The Court has emphasized that restrictions on travel must be legally justified, and even in cases of pending investigations or legal proceedings, the petitioner’s right to travel can be granted with certain conditions, such as personal bonds or restrictions to prevent misuse. Mehul Sukumaran vs Central Bureau of Investigation - Himachal Pradesh, Anju Bala VS Gail (India) Limited - Delhi
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Legal Framework: The Passports Act, 1967, sets out procedures for passport issuance and restrictions. The Court has held that denial of passports solely based on political asylum attempts or pending cases must be scrutinized thoroughly, ensuring no violation of fundamental rights. Rajeev Singh Dugal S/o Purushottam Singh Dugal VS State of Jharkhand - Jharkhand, Harjit Singh VS Union Of India - Punjab and Haryana
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Limitations and Exceptions: While the Court recognizes the right to travel, it acknowledges that restrictions are permissible if they serve a legitimate state interest and are imposed lawfully. However, such restrictions require clear legal backing and judicial oversight. Pradyumn Ahuja VS State of NCT of Delhi - Delhi, Mohd. Hasan VS Union of India Thru. Secy. Ministry Of External Affairs New Delhi - Allahabad
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Case Examples: Notable cases include Satish Chandra (right to travel abroad as a fundamental right), Kasturi Rajupeta (judicial affirmation of this right), and specific petitions for travel permissions despite ongoing investigations, where the Court granted travel rights with conditions. Anju Bala VS Gail (India) Limited - Delhi, Pradyumn Ahuja VS State of NCT of Delhi - Delhi, Mehul Sukumaran vs Central Bureau of Investigation - Himachal Pradesh
Analysis and Conclusion: The Supreme Court has firmly established that the right to travel abroad is a fundamental right under Indian law, protected against arbitrary restrictions. While the state can impose restrictions for legitimate reasons, such restrictions must be legally justified and subject to judicial review. The Court's rulings aim to balance individual freedoms with national interests, ensuring that restrictions are not used arbitrarily to curtail this essential liberty.
Search Results for "Supreme Court Judgment on Travel to Abroad"
2019 0 Supreme(Del) 1886 • India - Delhi
SURESH KUMAR KAIT
The Court held that the petitioner had a fundamental right to travel abroad, as ruled by the Hon'ble Supreme Court in Satish Chandra ... Whether the petitioner had a fundamental right to travel abroad? 6. ... The Court further held that the petitioner had a fundamental right to travel abroad and that she had duly inf....
2023 0 Supreme(Del) 3744 • India - Delhi
AMIT BANSAL
The court also referred to the judgment in Kasturi Rajupeta v. ... Finding of the Court: The court found that the petitioner's right to travel abroad is a fundamental right under Article ... Ratio Decidendi: The court held that the right to travel abroad is a fundamental right and that the limited validity of the ... The ....
2024 0 Supreme(All) 1370 • India - Allahabad
SHAMIM AHMED
held that the right to travel abroad is a fundamental right and cannot be denied without proper judicial scrutiny - The impugned ... the Ministry's notifications and the Supreme Court's ruling on the right to a passport. ... Ratio Decidendi: The court established that the right to travel is a fundamental right and that authorities ... Thus, this Court after considering the aforesaid #HL....
2024 Supreme(Online)(HP) 9024 • India - IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIRENDER SINGH
... ... Ratio Decidendi: The court reaffirmed that an accused retains the right to travel abroad unless explicitly restricted by ... (Paras 10-12, 14) ... ... (B) Right to travel - The right to travel abroad is recognized as a ... and the right to liberty, which includes the right to travel abroad unless lawfully restricted. ... Right to t....
2022 0 Supreme(Jhk) 865 • India - Jharkhand
SANJAY KUMAR DWIVEDI
Passport Renewal - Right to Travel Abroad - Passports Act, 1967, Section 6 - The court considered the petitioner's right to travel ... Finding of the Court: The court found that the petitioner's right to travel abroad for business purposes was a legitimate ... Ratio Decidendi: The court held that the right to travel#HL_EN....
2022 0 Supreme(Jhk) 699 • India - Jharkhand
SANJAY KUMAR DWIVEDI
Finding of the Court: The court found that the petitioner's right to travel abroad is a fundamental right and that ... Ratio Decidendi: The court relied on the interpretation of the right to travel abroad as a fundamental human right, as established ... Passport Renewal - Right to Travel Abroad - Immoral Traffic (Prevention) Act, 1....
2025 Supreme(Online)(HP) 3558 • India - IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Virender Singh, J
This petition was filed under Section 528 of the BNSS by the petitioner seeking court permission to travel abroad, despite pending ... The court highlighted rulings emphasizing the fundamental right to travel without arbitrary state interference. ... Consequently, the petition is granted, and the petitioner is authorized to travel to Singapore with set conditions, including a personal ......
2008 0 Supreme(P&H) 1399 • India - Punjab and Haryana
ASHUTOSH MOHUNTA, RAJAN GUPTA
to travel abroad. ... The Supreme Court by a majority in Satwant Singh Sawhney v. D. ... The Apex court also held that since there is no law regulating or depriving a person of such a right to travel abroad, refusal to
2008 0 Supreme(P&H) 1406 • India - Punjab and Haryana
RAJAN GUPTA, ASHUTOSH MOHUNTA
Finding of the Court: The court found that the petitioner's attempt to seek political asylum in another country could ... Passport - Denial of Passport - Passports Act, 1967, Sec.6(1)(a) - The court discussed the provisions of the Passports Act, 1967 ... The court upheld the decision of the respondents to deny the petitioner a passport based on his attempt to seek political asylum ... to travel #HL_STAR....
2023 Supreme(Online)(KER) 2570 • India - High Court of Kerala
Devan Ramachandran, J
affected individuals to travel abroad under specified conditions. ... Supreme Court. ... Ratio Decidendi: The court emphasized the binding nature of the Supreme Court's interim orders and previous judgments, establishing ... , so as to enable him to travel abroad. ... I must say that the afore submissions of Smt.Mini Gopinath holds g....
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