Ernakulam: The Kerala High Court criticised a sessions judge for citing the examples of high-profile individuals like Vijay Mallya and Nirav Modi while dismissing a plea of an accused to travel abroad, saying it was unwarranted.
Justice VG Arun was hearing a plea filed by an accused in a Narcotic Drugs and Psychotropic Substances (NDPS) Act who was granted bail by the trial court but the trial court dismissed his plea seeking permission to leave the country and go abroad for employment and appear through his counsel.
What the petitioner’s counsel argue?
The counsel representing the petitioner argued that his client had just crossed 18 years as on the date of commission of the alleged offence and he having attained 24 years, refusal to permit him to take up employment abroad is unjustified. The counsel pointed out that the sessions judge rejected the petition by drawing a parallel to the cases of Vijay Mallya and Nirav Modi and said that it was totally unwarranted under the facts and circumstances of the case.
What did the sessions judge report say?
A report was called from the Additional Sessions Judge regarding the present status of the 2019 case and the time required for disposing the same. A report was submitted by the sessions judge that altogether more than one thousand five years plus old cases were pending and the total pendency of the court is more than 4000. It was also stated that, as per the direction of the High Court, disposal of old cases are given priority and hence, charge has not been framed in the case of the petitioner and at least two years will be required to dispose of the case.
Citing examples of individuals like Vijay Mallya and Nirav Modi was unwarranted: High Court
“This court is of the opinion that, if two years are required to dispose the case, it will be unjust to deny the petitioner an opportunity to eke his living by working abroad. Citing the examples of individuals like Vijay Mallya and Nirav Modi, in order to deny opportunity for the petitioner to go abroad for employment, was unwarranted,” the High Court said.
High Court set aside sessions court order
Justice Arun set aside the sessions court order and directed the Additional Sessions Judge- III, Thrissur, to grant permission to the petitioner to go abroad, subject to petitioner being represented by a counsel during his absence and such other conditions which the judge deems appropriate.
