Rajasthan: The Rajasthan High Court has delivered a significant order allowing an accused person to travel abroad for his daughter’s engagement ceremony, overturning a lower court’s denial of permission.
Justice Arun Monga’s court granted relief to Mohammed Sadeeque, who faces charges including attempted murder and violations of the Arms Act.
Sadeeque had sought permission to travel to Muscat, Oman, for his daughter’s engagement.
The court noted that, despite being an accused, the petitioner retains fundamental rights, including personal liberty and the right to participate in significant family events. Justice Monga observed: “Denying him the opportunity to attend his daughter’s engagement ceremony would cause irreparable emotional harm and infringe upon his right to maintain familial bonds.”
The court found that the petitioner demonstrated a willingness to comply with the conditions set by the trial court, indicating no intention to evade justice. It also considered the slow pace of the trial—with only one witness statement recorded out of 27—making it unreasonable to indefinitely deny permission for such an important family event.
Addressing the suggestion of virtual attendance, the court emphasized: “The suggestion that the petitioner can attend the ceremony virtually seems unjustified and disregards the cultural and emotional significance of such an event.”
In conclusion, the High Court directed the petitioner to file a fresh application with travel details, allowing the trial court to grant permission under reasonable conditions.
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