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Business News/ News / India/  Right to travel a valuable fundamental right, says Delhi HC
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Right to travel a valuable fundamental right, says Delhi HC

A single bench was headed by Justice Jasmeet Singh allowed the convict Nitya Nand Gautam to travel to Dubai for a period of one month to meet from 15 February to 15 March.

A Delhi HC bench comprising justices Sanjiv Khanna and Chander Shekhar was hearing a plea by 11 disqualified AAP MLAs against the 20 January presidential order which had disqualified 20 AAP MLAs for holding the post of ‘parliamentary secretaries’ as it amounted to holding office of profit under the Delhi government.Premium
A Delhi HC bench comprising justices Sanjiv Khanna and Chander Shekhar was hearing a plea by 11 disqualified AAP MLAs against the 20 January presidential order which had disqualified 20 AAP MLAs for holding the post of ‘parliamentary secretaries’ as it amounted to holding office of profit under the Delhi government.

The Delhi High Court on 3 February has allowed a man who is convict in a case registered under the Prevention of Corruption Act to travel to Dubai and has said that the right to travel is a valuable fundamental right.

The HC further added right to travel can only be curtailed under ‘exceptional circumstances’, as reported by LiveLaw.

The court in it's order as per LiveLaw stated, “The right to travel is a valuable fundamental right and should be curtailed only in exceptional circumstances. Pendency of an appeal where the sentence has been suspended doesn't not come within the purview of an exceptional circumstance."

A single bench was headed by Justice Jasmeet Singh allowed the convict Nitya Nand Gautam to travel to Dubai for a period of one month to meet  from 15 February to 15 March. 

In October 2020, Gautam was convicted by trial court under IPC section 409, 420 and 120B and under sections 13 (1)(c) and (d) of the Prevention of Corruption Act and was sent to prison for a period of three years. He was also fined of 1 Lakh.

In December 2022, Gautam moved an appeal seeing to travel to Dubai.

The court in its order has allowed Gautam to travel after a personal and a surety bond of 1 lakh each. The court further added that he should provide his mobile number to the investigating officer. His number should be in working conditions and should not be switched off without informing the IO. 

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Published: 04 Feb 2023, 01:19 PM IST
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