Firing case: Court allows F Bar owner's plea to go abroad

Ramkrishan Upadhyay

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Chandigarh, April 22

To go abroad is a fundamental right granted by the Constitution and available to every citizen, including undertrials. This was observed by Jagdeep Sood, Additional Session Judge, while allowing an application of the owner of a club to visit abroad for business and tourism purposes.

It’s a Fundamental right, available to undertrials too

• The court, while quoting the judgment of the Punjab and Haryana High Court in the case of Naginder Singh Rana versus the State of Punjab, 2004, said pendency of criminal case was no ground to decline permission to the accused to go abroad. “It cannot be denied that to go abroad is a fundamental right granted by the Constitution and available to every citizen, including undertrial.”

Gunkaran Singh, the owner of the club, is one of the accused in the alleged firing incident that took place four years ago during the birthday celebrations of Sehdev Salaria, a BJP leader at F Bar and Restaurant, Chandigarh. Gunkarn Singh is facing the charges under Section 201 (destruction of evidence) and 188 (violating DM’s order) of the IPC.

In an application filed through advocate Terminder Singh, he sought permission to visit Dubai, Canada and the US for a period from April 27 to May 20 this year for business and tourism purposes. Terminder Singh pleaded that earlier also, with the permission of the court, the applicant visited abroad and returned within the prescribed period.

Opposing the application, Additional Public Prosecutor Ashok Rohilla said the supplementary chargesheet had been filed against the applicant.

After hearing the arguments, the court observed that Gunkaran was given such permission earlier too and he had complied with directions given in the said order and attended the court proceedings. So, contention of the public prosecutor that the applicant would abscond from the trial was not tenable.

The court, while quoting the judgment of the Punjab and Haryana High Court in the case of Naginder Singh Rana versus the State of Punjab, 2004, said pendency of criminal case was no ground to decline permission to the accused to go abroad. “It cannot be denied that to go abroad is a fundamental right granted by the Constitution and available to every citizen, including undertrial.”

The court observed that in view of this, Gunkaran Singh was granted permission to visit Dubai, Canada and USA on the condition that he would not seek an extension of the period of his stay abroad on any grounds whatsoever, except in case of medical emergency, and shall return to India by May 21. The court ordered that the applicant-accused shall not visit any other country except Dubai, Canada and the US and that the applicant shall not in any manner tamper with the evidence of the prosecution and place original passport on record within four days after his return from abroad.