Delhi High Court quashes MEA order requiring Supreme Court, High Court judges to get political clearance for private foreign travel

An order of the Central government which mandated judges of the Supreme Court and High Courts to seek political clearance for their private visits abroad, was struck down by the Delhi High Court [Aman Vachar v Union of India]. .A Division Bench of Justices Rajiv Shakdher and Jasmeet Singh held that such a condition was uncalled for, given the high offices the judges hold..The Court was dealing with a petition filed by one Aman Vachar challenging the order of the Ministry of External Affairs (MEA) which required that the judges should get a political clearance with respect to their visits abroad.The petition stated that this not only infringed judges’ rights to privacy, but also amounted degrading and diminishing the high office that they hold.The government argued that the information concerning judges travelling abroad is required when on private visit, so that in case of any emergency they can be extended requisite assistance..The Court, however, noted that the Centre’s submission overlooked 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 MEA for issuance of a “Visa Support Notes Verbale”.The Court further said that in any case, if an Indian citizen, including a judge, is caught in a crisis, Indian embassies/missions abroad are duty-bound to extend assistance to the extent possible, as and when they receive information of such an occurrence.“Accordingly, the OM dated 13.07.2021, 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 Court ordered..The Court also noted that a judgment was passed by the Delhi High Court in May 2012 in challenge to the 2011 guidelines that had been issued concerning foreign visits by judges of the Supreme Court and the High. Even then, the court had dispensed with the requirement of the judges to obtain political clearance for private foreign visits.Therefore, even in the present case, the same regime should have been followed, the Court said..While the petitioner Aman Vachar, appeared in person, the Central government was represented by Solicitor General Tushar Mehta, along with advocate Imon Bhattacharya..[Read Order]