The Madhya Pradesh High Court has held that the right to travel abroad, particularly to care for an ailing family member, cannot be denied without proper consideration of the facts. Setting aside a trial court's order, the High Court permitted a foreign national facing criminal proceedings to travel abroad for his disabled son's medical treatment after finding that the lower court had failed to examine the medical evidence placed before it.
Background of the Case
The petitioner had approached the High Court after the trial court rejected his request to travel abroad for his son's treatment. He had earlier been granted anticipatory bail by the Supreme Court, which allowed him to seek permission from the trial court whenever foreign travel became necessary.
The petitioner had previously received permission to travel abroad for the same purpose. After returning to India, he surrendered his passport before the trial court as directed and continued cooperating with the investigation. Later, when his son's medical condition required further rehabilitation abroad, he again sought permission. The trial court refused the request, observing that the child had been suffering from the illness since childhood.
Court's Observations
Justice Pavan Kumar Dwivedi found that the trial court had not properly examined the medical records submitted by the petitioner. The Court noted that the documents detailing the child's treatment schedule had not been found to be false or unreliable.
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The Court observed,
"The rejection merely for the reason that the son of the petitioner is suffering from the illness since childhood cannot be sustained."
The High Court also pointed out that the petitioner had honoured all conditions during his earlier foreign visit. He returned within the permitted period, surrendered his passport, and there was nothing on record suggesting misuse of the liberty granted earlier.
Referring to Article 21 of the Constitution, the Court said that both the right to travel abroad and the responsibility to care for an ailing child form part of the protection of personal liberty.
The bench observed,
"This valuable right cannot be denied in such a casual manner."
Court's Decision
Allowing the petition, the High Court set aside the trial court's order dated May 22, 2026. The petitioner was permitted to travel abroad from June 23, 2026, to August 16, 2026, for his son's medical treatment.
The Court directed that the petitioner's passport be returned for the approved travel period. It further ordered that all conditions imposed during the earlier permission to travel would continue to apply, including the requirement to surrender the passport before the trial court between August 17 and August 18, 2026.
Case Details
Case Title: Gaurav Ahlawat v. State of Madhya Pradesh
Case Number: Misc. Criminal Case No. 24830 of 2026
Judge: Justice Pavan Kumar Dwivedi
Decision Date: June 22, 2026
