Delhi High Court quashes Centre’s order requiring political clearance for private foreign visits by judges

The Delhi High Court today quashed an office memorandum issued by the Ministry of External Affairs dated July 13, 2021, that mandated judges of the Supreme Court and the high courts to seek political clearance ahead of their private foreign tour, Live Law reported. The High Court said that the memorandum was uncalled for given the guidelines in place since 2011.

The High Court was hearing a plea filed by a petitioner Aman Vachar who challenged the MEA order while contending that the condition to require judges of Constitutional Courts to seek political clearance for a private foreign visit not only infringes their right of privacy but also degrades or diminishes the high office that they hold.

Striking down the MEA order, a division bench of Justice Rajiv Shakdher and Justice Jasmeet Singh said, “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, especially given the fact that nothing has changed since the 2011 guidelines were issued.”

According to Live Law, the High Court noted that guidelines dated February 15, 2011 related to foreign visits by judges of the Supreme Court and the High Courts are already in place and added that the judgment dated May 25, 2012 delivered by the High Court had also issued a slew of directions concerning the 2011 guidelines.

The Supreme Court had earlier dismissed a special leave petition against the said judgment. The Delhi High Court then noted that in the instant O.M., the same guidelines ought to have been followed.

“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…” the Court said.

The High Court also noted that the travel plans of the judges are known to the government the moment a request is made to the Consular, Passport and Visa Division of the Ministry of External Affairs for issuance of a ‘Visa Support Notes Verbale’.