After considering the arguments, the Bench considered the case of Maneka Gandhi v Union of India, where a 7-judge Bench of the Supreme Court in 1978 declared that no person could be deprived of their right to go abroad unless there was a law enabling the State to do so, and such law contained fair, reasonable and just procedure.
The High Court remarked that such a right to travel abroad could not be deprived except by just, fair and reasonable procedure.
In this light, the Court posed the question:
“Did the respondent 1,3 and 4 follow fair, just and reasonable procedure to deprive the petitioner of her fundamental right to travel abroad?”
“We do not think so,” the Bench ruled.
Source: Barandbench
