Fundamental rights

Neelamkumar (Querist) 16 March 2010 This query is : Resolved
Can right to go abroad be termed as fundamental right? Can that right of accused be curtailed by imposing restrictions?

Follow Query

Report Abuse

Raj Kumar Makkad (Expert) 16 March 2010
Imposition of legal provisions against the accused cannot be termed as termination of the fundamental rights of an accused.

Even fundamental rights guaranteed by constitution of India are not absolute and over Rule of Law. If any accused is found involved in any crime and legal machinery is dealing with his matter, in that situation appropriate orders may be passed by all competent authorities restraining him to leave the country without due permission and even permission may be refused to him. Law is supreme.

Sanjeev Panda (Expert) 16 March 2010
Right to go abroad is implicit right under Article 21 of the Constitution of India. See the relevant celebrated judgment of Maneka Gandhi Vs. UOI. This right can not be taken away except according to procedure established by law. As pointed out by Makkad Sir, this FR is not absolute and if any person is found involved in crime, then his right to travel abroad can be denied by the courts or legal authority, like impounding of passport etc.

Guest (Expert) 16 March 2010
no more reply is needed after experts opinion. I do agree with them.

A V Vishal (Expert) 17 March 2010
Right to travel abroad and return to oneâ€™s country

3.11 The Supreme Court has spelt out in articles 14 and 21 the right to travel abroad and return to oneâ€™s country. Again, this right finds a place in article 13(2) of the Universal Declaration of Human Rights, 1948 as well as in articles 12(2),(3) and (4) of the ICCPR

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries