Supreme Court judgment balancing Article 21 rights of accused with victim's right to speedy trial in criminal proceedings.
The Supreme Court set aside a Telangana High Court order allowing an accused businessman to travel to the US for medical treatment, ruling that the right to travel abroad under Article 21 is not absolute and must be balanced against the victim's right to a speedy trial and larger interests of criminal justice.
|
Term |
Detail |
|
Article 21 |
Guarantees Personal Liberty including right to travel abroad — not absolute |
|
Balancing Test |
Judicial method weighing accused's liberty vs victim's right to speedy trial |
|
Judicial Restraint |
Courts must avoid indulgence when criminal proceedings are pending |
|
Procedure Established by Law |
Constitutional limitation allowing restrictions on fundamental rights |
|
Speedy Trial |
Victim's fundamental right that courts must protect in criminal justice |
|
Medical Justification |
Foreign travel for treatment rejected when comparable facilities exist in India |
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