The Delhi High Court recently allowed an accused to travel abroad for a Rotary Club programme, highlighting the severe shortage of judges that is affecting the hearing of regular matters. Justice Girish Kathpalia noted that due to this situation, even leisure trips should not be denied.
The Court observed, "On account of acute shortage of judges as compared to the general population and the litigation quantum, for past long time, the list of regular matters does not reach till end of the day of hearing. Rather, many a time even beyond 05:00 pm when the Courts rise for the day, some of the matters remain unheard, which is extremely painful for the judge."
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Mukesh Gupta, the appellant, sought permission to travel abroad from May 1, 2025, to May 11, 2025, for a Rotary Club event in Almaty, Kazakhstan and Georgia. His lawyer emphasized that attending the programme was important for strengthening social ties and promoting business growth. It was also pointed out that the Court had previously permitted him to travel abroad in 2019, and he had returned to India without any issues.
The Central Bureau of Investigation (CBI) opposed the plea, arguing that if allowed to leave, Gupta might not return, especially since a previous request for a leisure trip was declined on November 26, 2019. However, the Court clarified that while business travel had been permitted earlier, leisure travel had been refused.
Considering the overflowing dockets and the delay in hearing regular appeals, Justice Kathpalia remarked, "In my considered view, since on account of overflowing dockets, this Court is unable to decide the appeals within reasonable period of time, right to even leisure trips to certain extent ought not be declined."
He added that events like the Rotary Club assembly serve as general get-togethers to nurture both social and business relationships. The appeal in question was pending since 2019 and had been admitted as a regular matter, but could not be heard due to the backlog.
The Court stressed that while permitting travel, it must ensure that the appellant returns to face legal proceedings. It stated, "Of course, the Court must be conscious about ensuring return of the applicant/appellant to face the pending legal proceedings. That can be ensured through appropriate conditions."
Thus, the Court granted permission to Gupta to travel abroad, with strict conditions: he must furnish a personal bond of ₹5 lakh with one surety of the same amount. Additionally, he must return to India by May 12, 2025, and submit a copy of his passport showing his travel details within one week of return.
The main appeal was listed to be heard in its regular turn.
Case title: Mukesh Gupta @ Mukesh Kumar Gupta vs. CBI (CRL.A. 535/2019)
