Software engineer moves top court against Rajasthan HC's 'erroneous' order on foreign travel
The petitioner in his plea said the high court, in a clear violation of the "procedural impropriety" and without hearing or impleading his wife, who is currently employed in the US, and ignoring that she is not a part of the criminal case, directed her to remain in India.
The petition, filed through advocate Ashwani Dubey, submitted that the said impugned direction passed by the high court was "erroneous" and violative of the fundamental rights under Article 21 of the Constitution.
The matter is listed for hearing on August 8.
The counsel argued that the direction suffered from procedural irregularity and legal perversity, having been passed without affording a hearing to the person affected.
"The petitioner is the Indian passport holder and Indian citizen and he is not the citizen of any other country and he will be under the control of Consulate General at USA and there are no chances of his absconding as he is willing to go abroad to earn his livelihood on work visa and therefore, there is no question of his absconding.
"He will be going for a specific period and he undertakes a specific oath before this Court that he shall make himself available for trial as and when directed, therefore, there is no question of delay in trial and also there is no question of his absconding," the plea said.
The engineer was booked for rape at the Christianganj Police Station of Ajmer.
According to the petition, the accused and the woman met on an online matrimonial site and had a close acquaintance for a period of approximately four years.
It was alleged that the man entered into an intimate relationship with the complainant, promising her that he would marry her.
Under apprehension of arrest, the engineer moved an anticipatory bail application, which was allowed.
He then moved an application before the trial court to allow him to go abroad to the USA for employment.
The trial court dismissed the application, which was assailed before the high court, which allowed him to go abroad but imposed a condition that his wife must remain in India.
This article was generated from an automated news agency feed without modifications to text.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
The Hindu
13 minutes ago
- The Hindu
Brazil's Bolsonaro appeals house arrest order
Lawyers for former Brazilian President Jair Bolsonaro appealed on Wednesday a house arrest order imposed against him earlier this week, a document sent to the Supreme Court and seen by Reuters showed. Mr. Bolsonaro was placed under house arrest on Monday (August 4, 2025) after an order was issued by Supreme Court Justice Alexandre de Moraes against him. Mr. Moraes' decision cited a failure to comply with restraining orders he had imposed on Mr. Bolsonaro for allegedly courting U.S. President Donald Trump's interference in the case. Mr. Bolsonaro's lawyers had already said that they would appeal the decision to place him under house arrest. In the document sent on Wednesday (August 6, 2025), the lawyers said that Mr. Bolsonaro did not breach the restraining orders. They also asked for the house arrest order to be voted on by a wider panel of Supreme Court Justices.
News18
22 minutes ago
- News18
Hit In Private Parts, Punched In Face: 6-Year-Old Girl Attacked In Ireland, Called 'Dirty Indian'
Last Updated: The girl's mother shared that the attack occurred on Monday, August 4, while the 6-year-old was playing outside her home with friends. In another racist attack against Indians in Ireland, a six-year-old girl was allegedly assaulted by a group of children. The six-year-old Indian girl was reportedly punched in the face and hit in the private parts as the attackers asked her to 'go back to India." Speaking to the Irish Mirror, the girl's mother shared that the attack occurred on Monday, August 4, while the 6-year-old was playing outside her home with friends. According to the mother, the gang of children who attacked her daughter included a girl aged around eight and several boys between 12 and 14. Six-Year-Old Assaulted, Called 'Dirty Indian' 'She told me five of them punched her in the face. One of the boys pushed the bicycle wheel onto her private parts, and it was really sore. They said the F word and 'Dirty Indian, go back to India," the mother told The Irish Mirror. The mother has recently acquired Irish citizenship and has been a nurse and living in Ireland for about eight years. 'I told her I would be back in a second after feeding the baby," she said, adding that the girl came back home upset. 'She was very upset, she started crying. She couldn't even talk, she was so scared," the mother added further. The nurse, who has been living in Ireland for around eight years now, said that she saw the group of boys involved in the assault. However, she added that the boys just stared at her in a confrontational manner. 'I saw the gang afterward. They were staring at me, laughing. They know I am her parent. The boys were maybe 12 or 14, and they were still roaming around here," she said. The Indian woman has filed a complaint with Garda police. Despite the brutal assault on her daughter, the woman is not seeking a punishment for the boys, but is hoping they receive the counselling and guidance they need. Attacks against Indians on the rise There has been an uptick in racist attacks against Indians in Ireland. The rise in attacks also prompted the Indian embassy in Dublin to issue an advisory and emergency helpline numbers of Indian nationals in the country. In July, at least three attacks against Indians in Ireland were reported. In Tallaght, an Indian man was assaulted by a group of 10 teenagers. The gang stabbed the man in the face multiple times during his walk to the local temple. In Dublin, an Indian man in his 20s was attacked by teenagers at a tram stop. As per reports, the man was pushed, beaten, and stabbed in the face with a screwdriver. In another incident in Dublin, Dr Santosh Yadav, a senior data scientist, was returning to his apartment when six teenagers attacked him from behind. view comments Location : Ireland First Published: August 07, 2025, 07:20 IST Disclaimer: Comments reflect users' views, not News18's. Please keep discussions respectful and constructive. Abusive, defamatory, or illegal comments will be removed. News18 may disable any comment at its discretion. By posting, you agree to our Terms of Use and Privacy Policy.
Hindustan Times
43 minutes ago
- Hindustan Times
Abu Salem must serve full prison term of 25 years, state tells HC
MUMBAI: The state government has informed the Bombay High Court that gangster Abu Salem Abdul Qayyum Ansari, one of the convicts in the March 1993 Mumbai serial bombings case, is not entitled to remission, a reduction in the length of time an inmate serves in jail. Abu Salem was arrested in Lisbon, Portugal, on September 18, 2002, and handed over to India on November 10, 2005. (PTI) In an affidavit filed on July 31, Aruna Mugutrao, superintendent of the Nashik central jail, stated that on July 14, the home department had passed an order stating that Salem was not entitled to remission and he should be released from jail only after serving his actual prison sentence of 25 years. Salem was arrested in Lisbon, Portugal, on September 18, 2002, and handed over to India on November 10, 2005. He was brought to India the next day. Salem was sentenced to life imprisonment by a local court in September 2017, for his role in the 1993 Mumbai serial bomb blasts. While deciding his appeal, the Supreme Court held that Salem would be entitled to be released on completing a prison term of 25 years – in terms of the sovereign assurance given by India to Portugal at the time of his extradition. The affidavit filed by Mugutrao stated that the home department had on July 14 passed an order, holding that Salem was otherwise liable to serve a prison term of 60 years, including remission. But in view of India's sovereign assurance to Portugal, he should be released from jail on completing actual imprisonment of 25 years, excluding remissions. Mugutrao clarified that the government decision, dated July 14, 2025, was passed in accordance with the International Agreement entered into between the Government of India and the Government of Portugal. The affidavit was filed in response to a petition filed by Salem on February 3 through advocate Farhana Shah, stating that he would be completing a 25-year prison term, including remissions, on March 31, 2025, and therefore entitled to be released on that date. He claimed he was entitled to remissions – both general as well as special. He claimed that considering the remissions, he had completed 25 years of imprisonment by including time spent as an undertrial prisoner, and the regular and special remissions he had earned over the years since his extradition to India from Portugal. His petition added that the Supreme Court had upheld his plea that he cannot be sentenced to more than 25 years in view of the solemn assurance given by the central government to their counterparts in Portugal.
