Accused's Fundamental Right To Liberty Includes Right To Participate In Significant Family Events: Rajasthan High Court

The Rajasthan High Court granted permission to an accused charged for attempt to murder and under the Arms Act, to travel abroad to attend his daughter's engagement ceremony.

The bench of Justice Arun Monga set aside the order of Sessions Judge that had dismissed the application filed by the accused to this effect and held that despite being an accused, the petitioner still had the fundamental right to personal liberty which included the right to travel and participate in significant family events.

The Court observed that the petitioner did not appear to have any intention to evade the judicial process and was willing to comply with all the conditions. Hence, if the trial court found him at risk of absconding, restrictions could be imposed on him to ensure his return.

The Court also rejected the suggestion of the petitioner attending the ceremony virtually, terming it as unjustified and disregarding the cultural and emotional significance of the event. It said:

"The petitioner, though an accused, but still has a fundamental right to personal liberty, which includes the right to travel and participate in significant family events. Denying him the opportunity to attend his daughter's engagement ceremony would cause irreparable emotional harm and infringe upon his right to maintain familial bonds…Virtual presence cannot substitute the physical presence of a father at his daughter's engagement, which is a once-in-a-lifetime event for both father and daughter.”

In this background, the Court granted the petitioner the liberty to file a fresh application seeking permission to travel abroad to attend the ceremony by providing details like the date of departure, arrival in India, proof of all air tickets and other relevant documents. Consequently, the trial court was directed to grant the necessary permission.

Accordingly, the petition was disposed of.

Title: Mohammed Sadeeque v State of Rajasthan

Citation: 2024 LiveLaw (Raj) 249

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