Delhi HC strikes down MEA's office memorandum requiring SC, HC judges to obtain political clearance for private foreign visit
Apr 06, 2022
New Delhi [India], April 6 : Delhi High Court has decided to strike down an office memorandum (OM) of the Ministry of External Affairs (MEA) to the extent of the requirement of judges of the Supreme Court and the High Courts to obtain political clearance qua foreign (private) visit.
The order was issued by the Union of India through the Minsitry on July 13, 2021.
The Division Bench of Justice Rajiv Shakdher and Justice Jasmeet Singh on April 1, while passing the order stated that "the OM dated July 13, 2021, to the extent it requires the judges of the Supreme Court and the High Courts to seek political clearance qua private visits abroad, is struck down, in view of the reasons articulated hereinabove and given the fact that this issue has received the attention of this court on an earlier occasion, as noticed hereinabove."
The petitioner Aman Vachhar, appeared in person and submitted that 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 and/or diminishes the high office that they hold.
"We may note that on February 15, 2011, guidelines had been issued concerning foreign visits by judges of the Supreme Court and the High Courts. This court, via judgment dated May 25, 2012, had issued a slew ofdirections concerning the 2011 guidelines," the court said.
"In our view, in the instant O.M., the same regime ought to have been followed. Therefore, insofar as the instant O.M. dated July 13, 2021 requires judges of the Supreme Court and the High Courts to seek political clearance for private foreign visits, it is uncalled for, given the high offices they are holding, especially given the fact that nothing has changed since the 2011 guidelines were issued," the court added.
Court noted the submission of the contention of Solicitor General Tushar Mehta (appearing for the Central 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, 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 (CPV, Division of MEA) for issuance of a "Visa Support Notes Verbale".
That said, in any case, if an Indian citizen (which includes a judge) is caught in a crisis, Indian embassies/Missions are duty-bound to extend assistance to the extent possible, as and when they receive information of such an occurrence.
