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The Bombay High Court has ruled that just because a person faces a pending tax evasion case, it does not automatically justify restrictions on their right to travel abroad. Deciding the writ petition in Sruti Vijaykumar v. Falgun Yogendra Shroff and anr, Justice SM Modak observed that the right to travel abroad is recognized as a fundamental right, and mere prosecution pending or ongoing investigation is insufficient to restrain the accused from travelling.

The case involved furniture businessman Falgun Yogendra Shroff, accused of trying to evade customs duties while importing furniture. He was arrested by the Directorate of Revenue Intelligence (DRI), granted bail on the condition that his passport be surrendered for six months, and required trial court approval for future international travel. When Shroff sought permission to attend a furniture fair in Paris, the trial court allowed the travel despite DRI objections that there was potential for evidence tampering. Petitioners also noted that a request for bail cancellation was pending.

The High Court balanced the investigation agency’s concerns against the accused’s rights. It upheld the trial court’s permission for Shroff to travel from September 4 to September 10, 2025, noting that further delaying consideration would be pointless as the event would be over before a bail hearing could take place. To address concerns about evidence tampering, Shroff was required to undertake not to contact any exporters during his trip and submit this undertaking before departure.

This ruling affirms the recognition of the right to travel abroad in India, with courts prioritizing procedural safeguards and the accused’s fundamental rights even during ongoing tax cases.