Travelling abroad is fundamental right, rules Delhi court

A Delhi court has ruled that travelling abroad is an integral facet of fundamental rights under Article 21 of the Constitution, allowing a woman accused in a money laundering case to take her children to Thailand during their summer vacation.

Vacation Judge Rajesh Malik made the observation while hearing a travel permission application filed by Reena Goel, an accused in an Enforcement Directorate case involving the alleged attachment of properties linked to Shree Raj Mahal Jewellers in Delhi’s Karol Bagh market. The properties — belonging to group firm Ginni Gold Private Limited — were attached under the Prevention of Money Laundering Act as part of a probe into a multi-crore bank loan fraud.

The ED had identified the properties as belonging to Ginni Gold Private Limited, and named its directors-cum-promoters Ginni Devi and Reena Goel as accused in the case.

Bail condition barred foreign travel

Goel had been granted bail in December 2025, with a condition that she could not leave the country without the court’s prior permission. She filed an application seeking permission to travel to Thailand with her children from June 25 to July 2, citing their ongoing summer vacations.

In an order dated July 19, the court said it needed to balance the right of the accused to travel abroad against the grounds for refusing such permission.

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“The primary and most compelling ground for denial would be credible apprehension that she will flee from justice. Such apprehension can either be shown from the evidence or it can be gathered by drawing inferences from the other facts,” the court said.

It, however, said that the ED had not shown any evidence or facts to suggest that she may flee from justice.

No evidence of flight risk, says court

“It is not the case that she is making investments in foreign countries to settle abroad. Mere being an accused does not suffice to stop her from travelling abroad… Further, there is a plethora of judgments of the constitutional courts of India, thereby recognising that travelling abroad is an integral facet of the fundamental right under Article 21 (protection of life and personal liberty) of the Constitution,” the court said.

It then allowed the application, subject to several conditions such as furnishing an FDR of Rs 10 lakh, not tampering with evidence, not seeking extension of the stay and providing a detailed itinerary.

(With agency inputs)

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