A Delhi court has ruled that travelling abroad is a fundamental right under Article 21 of the Constitution, granting permission to a woman accused in a money laundering case to visit Thailand for her children's summer vacation.
Court Grants Travel Permission to Accused
Vacation Judge Rajesh Malik allowed Reena Goel, an accused in a money laundering case, to travel to Thailand from June 25 to July 2. Goel was granted bail in December 2025 with a condition that she would not leave the country without prior court approval. She sought permission to travel for her children's summer vacation.
The Enforcement Directorate (ED) had attached properties in the Karol Bagh area under the Prevention of Money Laundering Act (PMLA) as part of an investigation into a multi-crore bank loan fraud. The attached properties allegedly belonged to Ginni Gold Private Limited and its promoters Ginni Devi and Reena Goel.
Balancing Rights and Refusal Grounds
In its order, the court emphasized the need to balance the accused's right to travel abroad against grounds for refusing such permission. Permission could be denied if there were credible reasons to believe the accused might abscond. However, the court found that the ED failed to provide any material suggesting Goel intended to flee from justice.
The court also observed no indication that she was making investments abroad or planning to settle outside India. “Mere being an accused does not suffice to stop her from travelling abroad,” the court said.
Fundamental Right Under Article 21
The court reiterated that travelling abroad is a fundamental right under Article 21 of the Constitution, which guarantees protection of life and personal liberty. This right can only be restricted if there are compelling reasons, such as a flight risk, supported by concrete evidence.
The ED had opposed the travel request, citing the seriousness of the money laundering allegations. However, the court found no credible material to suggest that Goel would abscond or fail to return to face trial.
Implications for Bail Conditions
The ruling sets a precedent for accused individuals seeking travel permissions while on bail. It underscores that courts must not impose blanket restrictions on travel without specific evidence of flight risk. The decision reinforces the principle that fundamental rights cannot be curtailed merely on the basis of being accused.
Goel is expected to return to India by July 2, as per the court's order. The case continues to be investigated by the ED under the PMLA.
