‘Shouldn't Be Denied Special Moments In Life Even If Facing Trial’: Delhi High Court Allows PMLA Accused To Travel Abroad For Son’s Admission

The Delhi High Court has permitted an accused in a money laundering case to travel abroad for admission of his son, observing that a person should not be denied such “special moments of small pleasures in life” even if he is accused and facing trial.

"Admission of a child whether in school or in a college/University is a moment the parent and the child cherish forever. It is a feeling of togetherness as well as support by the mere presence with each other, which is expected by each child and parent while achieving such a milestone. Even if a person is an accused and is facing trial, he should not ordinarily be denied these special moments of small pleasures in life," Justice Swarana Kanta Sharma observed.

“To observe and hold that the son may not need support of the father for the purpose of his admission in the University being grown up, will ignore a very crucial fact of practical life that a child is a child forever for a parent and should be permitted, if circumstances so warrant, when he is entering into a new life in another new country and pursuing journey of higher studies,” the bench added.

The court permitted Parvin Juneja to travel to Canada for 15 days for the purpose of admission of his son, subject to the condition that he will give the entire itinerary and details of stay prior to his travel and also furnish an FDR of Rs.1,00,000 to be deposited with the Registry.

“…as a parent, the petitioner's presence, assistance and support is a precious right as well as moment for the parent, the child and the family, which should be allowed to the petitioner, in the absence of anything reflecting violation of any condition in the past or the petitioner not returning back to the country. This Court will not deny this moment of togetherness to the family and the son and the father at the time of his admission in a University of his choice,” the court said.

Justice Sharma was dealing with Juneja’s plea challenging a trial court order which declined him permission to travel to Canada, Norway and London from August 26 to September 19 for admission of his son and also for leisure and business purposes.

The trial court had dismissed Juneja’s application on the ground that he had failed to produce any document to show that his presence was required for admission of his son in the University. It was also observed that even in the past, his similar application regarding son’s admission was dismissed as he had filed forged documents in support of his contention.

Granting part relief to Juneja, Justice Sharma observed that court has to balance personal liberty of a person with any condition imposed on him for securing his attendance and attending proceedings if he is not available to face the trial.

“In the circumstances as the present case, the past conduct of the petitioner of having been granted permission to go abroad about 20 times and not violating any terms of such orders and returning back to India weigh in this Court’s mind while granting him permission to go abroad,” the court said.

It added that Juneja had never misused the liberty of going abroad and had returned to India in time without violating any condition imposed on him for the purpose of going abroad.

“Considering the same, this Court is inclined to allow the prayer of the petitioner to travel abroad to Canada for the purpose of admission of his son for 15 days,” the court said.

So far as his plea to travel for leisure and business commitments is concerned, Court said Juneja may move appropriate application before the Trial Court with complete details and itinerary, which will be verified by the respondents, and the application in light of the same will be adjudicated afresh by the Trial Court.

Case Title: PARVIN JUNEJA v. DIRECTORATE OF ENFORCEMENT & ANR.

Citation: 2023 LiveLaw (Del) 676

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