"Right To Travel Valuable & Integral Part of Personal Liberty": Mumbai Court Allows NCP Leader Anil Deshmukh To Travel Outside Mumbai

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Synopsis

Special judge said that the apprehension of the agency can be addressed by imposing stringent condition on Deshmukh.

Special Judge RN Rokde on Monday allowed NCP leader and former Home Minster of Maharashtra Anil Deshmukh to travel outside Mumbai while observing that the right to travel is valuable and it is an integral part of the right to personal liberty.

“Notably, permission is sought by the applicant to travel within India including attendance before ED Officer. It is well settled that right to travel is valuable one and an integral part of the right to personal liberty. Considering the reasons mentioned in the application, I am of the considered view that this is a fit case for grant of permission to the applicant to travel outside Greater Mumbai,” Judge Rokde observed.

Special Judge Rokade in his order recorded that Deskhmukh is an elected representative and has to visit his constituency to address the grievance of the people.

“It is to be noted here that the applicant is an Elected Representative of the Maharashtra State Assembly. In that capacity, he is required to visit his constituency to address the grievances of people. It is not the case of the prosecution that applicant has violated any of the conditions imposed on him by the Hon'ble Bombay High Court. It is imperative to note that investigation is still going on,” the order noted.

Deshmukh has been granted bail by the Bombay High Court in the PMLA case registered against him by the Enforcement Directorate. The high court had granted bail to Deshmukh subject to him being in the jurisdiction of the PMLA Court and not leaving the jurisdiction without the permission of the court.

The Enforcement Directorate had opposed the plea filed by Deshmukh while contending that application was made on concocted grounds to get out of Mumbai and escape from the case.

The agency argued that if permission was granted, there were chances that the Deshmukh might abscond and would not be available for trial, which would cause a delay in the trial. Therefore, the agency sought rejection of the application.

However, the judge disagreed with the contention of the agency and said that such apprehension can be addressed by imposing stringent conditions on Deshmukh. For the same reasons, the judge directed Deshmukh to submit his itinerary to the agency.

Anil Deshmukh is accused of directing police inspector Sachin Waze to take bribes from bars in Mumbai. He is also accused of being involved in corruption for the transfer and posting of police officials.

Case Title: Anil V Deshmukh vs Directorate Enforcement