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October 2022

Allied Laws

By Dr. K. Shivaram, Senior Advocate
Rahul K. Hakani | Shashi Bekal, Advocates
Reading Time 9 mins
30 Anurag Padmesh Gupta vs. Bank of India
AIR 2022 Bombay 3751
Date of order: 7th June, 2022
Bench: A.S. Chandurkarand & Amit Borkar JJ.

Fundamental Rights – Powers to Debt Recovery Tribunal – No power to restrain individual from travelling abroad [Art. 19, 21, Constitution of India; S. 19, 22, 25, Recovery of Debts due to Banks and Financial Institutions Act, 1993]

FACTS

The petition raised an important issue regarding the interpretation of Article 21 of the Constitution of India as to whether the expression “personal liberty” occurring in the said Article includes the right to travel abroad. Second important question that arose was whether the order passed by the Debt Recovery Tribunal refusing to grant permission to travel abroad results in the infringement of Article 21 of the Constitution of India?

HELD

If the right to travel is a part of the personal liberty of a person, he cannot be deprived of his right except according to the procedure established by law. The right to travel abroad is a right distinct and separate from the right of freedom of movement in a foreign country. The right to travel abroad by its necessary implications means the right to leave the home country and visit a foreign country. The right to travel abroad has been spelt out from the expression “personal liberty” in Article 21 o
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