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Liberty can’t be curtailed on speculative fears: HC
Court Lets Karnal Bizman Go Abroad
Chandigarh: Liberty cannot be curtailed on the basis of “speculative apprehensions or unfounded fears of abscondence,” the Punjab and Haryana high court said while allowing a businessman facing criminal prosecution to travel overseas for business purposes.
The HC allayed the concerns of flight risk, observing that the term “eludes any singular, precise or universally applicable definition” and must be interpreted cautiously in its statutory context.
‘UNDUE RESTRAINT ON PERSONAL LIBERTY’
Karnal-based businessman Jonty Chhag alias Jonty Vinay Chhag moved the HC seeking permission to travel to Dubai, Doha, and Turkey between Oct and Dec 2025 after sub-divisional judicial magistrate (SDJM), Gharaunda, Karnal, declined his plea apprehending flight risk
The HC allayed the concerns of flight risk, observing that the term “eludes any singular, precise or universally applicable definition” and must be Interpreted cautiously in its statutory context
➤ Cherished liberty of an individual is not a mere freedom from physical restraint. It encompasses the right to move unhindered, including across borders, dictated by personal and professional exigencies, Justice Sumeet Goel said
Karnal-based businessman
risk. “Cherished liberty of an individual is not a mere free dom from physical restraint. It encompasses the right to move unhindered, including across borders, dictated by personal and professional ex-igencies. Any restriction on this liberty must be backed by a procedure that is just, fair, and reasonable,” Justice Sumeet Goel held in his recent orders allowing a petition filed by the businessman.
Jonty Chhag faced trial for cheating, forgery, and related charges in connection with a March 13, 2018, FIR. He had earlier been allowed to go abroad to Sharjah in Nov 2023 and Doha in June 2024
➤ Chhag’s petition argued that a businessman’s livelihood required regular international travel and a denial was an undue restraint on his personal liberty. The state counsel and the complainant opposed the plea, alleging that the petitioner’s invitations and itineraries were fabricated
Chhag faced trial for cheating, forgery, and related charges in connection with a March 13, 2018, FIR. He had earlier been allowed to go abroad to Sharjah in Nov 2023 and Doha in June 2024.
His petition argued that a businessman’s livelihood required regular international travel and a denial was an un-due restraint on his personal liberty, willing to abide by any stringent conditions the court deemed fit.
The state counsel and the complainant opposed the plea, alleging that the petitio-ner’s invitations and itineraries were fabricated and filed belatedly. They argued that allowing him to travel would impede the trial’s progress and possibly result in abscondence.
After hearing all the parties, the bench allowed the petitioner conditional permission to travel abroad for his business engagements. The HC directed that before departure, the petitioner must furnish his complete itinerary, contact details, and surety bonds to the satisfaction of the trial court. The court also recorded that prior permissions for each trip must be sought and that the accused must promptly return and appear before the trial court as scheduled.
“The court is obliged to adjudicate such pleas by weighing the right of personal liberty, from which the liberty to travel abroad emanates, against the overriding public interest that necessitates the presence of the accused,” said Justice Sumeet Goel
For case specific advice, get in touch with Criminal Lawyers Punjab and Haryana High Court District Court Chandigarh Panchkula Mohali Derabassi Kharar State Commission
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