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SC on Right to Travel Abroad vs Speedy Trial
June 14 , 2026
15 hrs 0 min
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- The Supreme Court of India ruled that the fundamental right to travel abroad under Article 21 is not absolute and must be balanced with the victim's right to a speedy trial and the interests of criminal justice.
- The Court set aside an order of the Telangana High Court that had allowed an accused businessman to travel to the United States for medical treatment.
- It observed that the right to travel abroad is a part of personal liberty under Article 21, but is subject to the "procedure established by law."
- The Court said that when criminal proceedings are pending, the accused's right to travel abroad cannot be considered in isolation.
- Courts must balance individual liberty with the victim's right to a speedy trial and the effective administration of criminal justice.
- The Supreme Court also noted that comparable medical facilities were available in India, reducing the need for foreign travel in the case.
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