Delhi High Court Allows Accused in Money Laundering Case to Travel Abroad for Son’s Admission
The Delhi High Court has granted permission to an accused in a money laundering case to travel abroad for the purpose of his son’s admission. The court emphasized that a person should not be denied the opportunity to experience special moments in life, even if they are facing trial.
Background
The accused, Parvin Juneja, had filed a plea challenging a trial court order that denied him permission to travel to Canada, Norway, and London. He sought permission to travel for his son’s admission as well as for leisure and business purposes. The trial court had dismissed his application on the grounds that he failed to provide sufficient evidence to justify his presence being required for his son’s admission.
Delhi High Court’s Decision
Justice Swarana Kanta Sharma, while considering Juneja’s plea, noted that the admission of a child in a university is a significant milestone, and the presence and support of a parent during this time are crucial. The court recognized that a parent’s presence is a precious right and moment for the parent, child, and family. Therefore, it granted Juneja permission to travel to Canada for 15 days for his son’s admission.
However, the court imposed certain conditions on Juneja. He was required to provide the entire itinerary and details of his stay prior to his travel. Additionally, he had to furnish a fixed deposit receipt of Rs.1,00,000 to be deposited with the Registry.
Regarding Juneja’s request to travel for leisure and business purposes, the court directed him to file a separate application before the trial court with complete details and itinerary. This application would be verified by the respondents, and the trial court would make a fresh decision based on the information provided.
Balancing Personal Liberty and Attendance at Trial
The court acknowledged that it must strike a balance between an individual’s personal liberty and the conditions imposed to ensure their attendance at trial. In Juneja’s case, the court considered his past conduct, noting that he had been granted permission to travel abroad approximately 20 times without violating any conditions or terms. He had always returned to India in a timely manner. Taking this into account, the court concluded that Juneja had not misused his liberty and permitted him to travel to Canada for his son’s admission.
Case Title: PARVIN JUNEJA v. DIRECTORATE OF ENFORCEMENT & ANR.
Summary:
- The Delhi High Court has allowed an accused in a money laundering case to travel abroad for his son’s admission.
- The court emphasized that a person should not be denied special moments in life, even if they are facing trial.
- Justice Swarana Kanta Sharma recognized the importance of a parent’s presence and support during a child’s admission process.
- The court granted permission to travel to Canada for 15 days, subject to certain conditions.
- The accused must provide the itinerary and details of stay prior to travel and furnish a fixed deposit receipt of Rs.1,00,000.
- Permission for leisure and business purposes will be considered separately by the trial court.
- The court balanced personal liberty with the need to ensure attendance at trial, considering the accused’s past conduct.
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