Advice: In a recent judgment pronounced by the Honourable High Court of Punjab and Haryana, it has been reiterated that an accused is presumed to be innocent until convicted. Still further the rights of an accused does not automatically get suspended merely because he is being prosecuted in a criminal case. Still further, right to personal liberty is one of the fundamental rights which can only be curtailed in accordance with the law. One of the facet is of right to liberty is to travel abroad. In the absence of valid passport, one cannot travel abroad. Such facet of personal liberty can be curtailed only in accordance with law which must satisfy the test of the reasonableness and one or more rights under the Constitution. The concern of the court ought to be only to ensure speedy trial of the criminal case and avoid the possibility of accused of fleeing the reach of law. The liberty of a citizen or a non-citizens cannot be unreasonably curtailed. The High Court allowed this Civil Writ Petition. So, you can also seek similar belief by filing a case in the appropriate court. However, for speedy remedy you can file Civil Writ Petition.
Author: Legal Advice Guru
Query: I had taken a loan of ₹ 5 lakhs from a private financer. At the time of advancing loan, the financer had also obtained security cheques from me. Although, the loan amount with interest has been repaid, but the financer did not return the security cheques. He misused the same by filing a false case under Negotiable Instruments Act. How should, I defend myself.