Judges need not obtain political nod for private visits abroad

New Delhi, April 6

The Supreme Court and High Court judges would no longer need political clearance for their private visits abroad as the Delhi High Court has struck down an Office Memorandum issued by the Centre that mandated such a nod, describing the condition as uncalled for in view of the high offices the judges hold.

“Accordingly, the OM dated July 13, 2021, to the extent it requires the judges of the Supreme Court and the High Courts to seek political clearance qua private visits abroad, is struck down,” a Bench headed by Justice Rajiv Shakdher said in its April 1 order.

The order came on a petition filed by advocate Aman Vachar challenging the condition on the ground that requiring judges of constitutional courts to seek political clearance for private foreign visits violated their right of privacy and degraded and diminished the high office they held.

Solicitor General Tushar Mehta had defended the Ministry of External Affairs’ Office Memorandum, saying the information concerning judges travelling abroad was required so that in case of any emergency requisite assistance could be extended to them.

However, the high court didn’t agree with the submission. Information about judges’ travel plans is known the moment a request is made to the Consular, Passport, and Visa Division of the Ministry of External Affairs for issuance of a “Visa Support Notes Verbale”, the HC said.

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