Jharkhand High Court Upholds Right to Travel Abroad for Medical Treatment in Money-Laundering Case
The Jharkhand High Court has delivered a landmark ruling, permitting a woman accused in an alleged money-laundering case to travel overseas for specialized medical treatment. The court emphasized that the right to travel abroad for healthcare is a fundamental right, drawing on established Supreme Court judgments to support its decision.
Case Background and Accused Details
Madhu Singh, 58, is facing charges related to disproportionate assets and money laundering, linked to her husband, former state minister Kamlesh Kumar Singh. She was granted regular bail in 2014 under conditions that required her to surrender her passport and refrain from leaving the country without prior permission. These conditions have remained in effect until now.
Medical Condition and Petition
In her petition to the high court, Madhu Singh presented medical evidence indicating she suffers from an advanced and life-threatening chronic liver disease. Reports from the Institute of Liver and Biliary Sciences (ILBS) in New Delhi, including a liver biopsy conducted in June 2025, diagnose her with Laennec cirrhosis substage 4B. This condition is medically recognized as a pre-cancer stage, characterized by extensive structural distortion of the liver, portal fibrosis, inflammation, and autoimmune-related pathological changes.
Her legal counsel argued that she requires specialized treatment available in the United States or the United Kingdom, where she has close relatives who can provide support. The petition highlighted the urgency of her medical needs, stressing that domestic options may not suffice for her critical condition.
Court's Reasoning and Legal Precedents
Justice Sanjay Kumar Dwivedi, presiding over the case, modified the 2014 bail conditions after reviewing the circumstances. The court noted that Madhu Singh has not been convicted and is currently undergoing trial, with no allegations of non-cooperation or witness tampering. Out of more than 100 witnesses in the case, 46 have been examined so far, and she has complied with all trial procedures.
In its order, the court referenced key Supreme Court judgments, including Maneka Gandhi v. Union of India and Satish Chandra Verma v. Union of India. It quoted observations that the right to travel abroad is a fundamental human right integral to personal liberty, essential for individual experience, family connections, and private life. The court affirmed that this right extends to seeking medical treatment overseas, particularly in life-threatening situations.
Opposition and Conditions Imposed
The Central Bureau of Investigation (CBI) opposed the plea, arguing that as an accused in a disproportionate assets case, the original bail conditions were justified. However, the high court overruled this, prioritizing her health and fundamental rights.
While allowing her to travel, the court imposed strict conditions to ensure trial integrity. Madhu Singh must:
- File an undertaking with the trial court detailing the duration of each intended trip abroad.
- Inform the court upon her return to India.
- Seek permission from the concerned court before every foreign visit.
The court warned that failure to comply with these conditions could result in appropriate legal action by the trial court.
Broader Implications
This ruling underscores the judiciary's role in balancing legal proceedings with humanitarian considerations. By affirming the right to travel for medical treatment as fundamental, it sets a precedent for similar cases involving accused individuals with serious health issues. The decision highlights how courts can adapt bail conditions to address evolving personal circumstances while safeguarding the judicial process.
The case has drawn attention to the intersection of law, health, and human rights, reinforcing that even those under trial retain essential freedoms unless proven guilty. As Madhu Singh prepares to seek treatment overseas, this judgment may influence future legal interpretations of bail modifications and medical exigencies in India.
