Delhi High Court (File) The Delhi High Court has struck down the Centre’s Office Memorandum that required the judges of the Supreme Court and high courts to seek political clearance with regard to their private visits abroad.
“Insofar as the instant O.M. dated 13.07.2021 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,” said a division bench of the High Court in a ruling on April 1, which was released Wednesday.
The Centre had argued 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.
However, the court said that 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.
“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,” said the bench.
The Centre in July 2021 issued the Office Memorandum stating that “In such cases, where Visa Support Notes Verbale are sought from the CPV Division, MEA by the Hon’ble Judges of Supreme Court and the Hon’ble Judges of High Courts of India, prior Political Clearance of the MEA is to be submitted for the intended private or official visits abroad”.
A petition before the court had argued that requiring judges of constitutional courts to seek political clearance for their 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.
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