'Uncalled for', HC strikes down order for judges to seek political clearance of visit abroad

The Delhi High Court has struck down an order by the Union government requiring judges of the High Courts and the Supreme Court to seek political clearance of their private visits abroad, saying that it is uncalled for, given the high offices they are holding.

A bench of Justices Rajiv Shakdher and Jasmeet Singh did not agree to contention by Solicitor General Tushar Mehta, appearing for the Union government, that information concerning judges travelling abroad is required even when they proceed on a private visit so that in case of any emergency they can be extended requisite assistance.

The argument "overlooks the fact that 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 bench noted.

The court added in any case, if an Indian citizen, including a judge, is caught in a crisis, Indian embassies or Missions are duty-bound to extend assistance to the extent possible, as and when they receive information of such an occurrence.

The court passed its order on a plea by Aman Vachar for quashing the notification issued on July 13, 2021, by the Union government through the Ministry of External Affairs.

The applicant submitted the order requiring judges of Constitutional Courts i.e. the Supreme Court and the High Courts to seek political clearance qua private visits to foreign countries, infringes not only their right of privacy but also, in a sense, degrades or diminishes the high office that they hold.

In its order, the court pointed out in 2011, guidelines were issued on foreign visits of judges of the Supreme Court and the High Courts. The Delhi High Court had in 2012 examined it and dispensed with the requirement of judges to seek political clearance for private foreign visits.

"The same regime ought to have been followed," it said, adding the Supreme Court had also not disturbed the 2012 judgement, which required judges to give prior information to the Chief Justice concerned before making a private visit to a foreign country.

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