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Synopsis

While Observing that even if a person is an accused who is facing trial, he should not be denied to enjoy his special moments in life, the Delhi High Court has allowed an man accused of the Prevention of Money Laundering Act (PMLA) case to travel abroad for his son's admission.

The bench of Justice Swarana Kanta Sharma said that the fact that 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. 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 court observed in its order dated August 9.

The court was hearing a plea by Parvin Juneja challenging a trial court order which declined him permission to travel to Canada, Norway and London from August 26 to September 19 for his son’s admission and also for leisure and business purposes.

Justice Sharma noted, in the present case, it is not disputed that the present petitioner has travelled abroad on about 20 occasions in the past with permission of this Court and the Trial Court.

“It is also admitted that the petitioner has 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”, it said.

The Judge opined that 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 him. “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.

The single-judge bench also said that the personal liberty of a person has to be balanced with that of any condition imposed on him by a Court of law for the purpose of securing his attendance and attending the proceedings lest he is not available to face 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 ordered.

Accordingly, the court allowed Juneja to travel abroad to Canada for the purpose of admission of his son for 15 days subject to certain conditions.

“The petitioner shall furnish an FDR of Rs.1,00,000/- which shall be deposited with the Registry… shall not exit immigration at the transit points… shall file copy of e-ticket and copy of passport containing the entry regarding his visit, upon return..”, the court said.

Case Title: Parvin Juneja v. Directorate of Enforcement & Anr.