Delhi HC quashes MEA’s directive over judges' foreign travel; terms it ‘uncalled for’

The Delhi High Court on Wednesday quashed the Ministry of External Affairs directive requiring Supreme Court and High Court judges to seek "political clearance" for foreign visits. The court termed the MEA directive as "uncalled for".

A bench headed by Justice Rajiv Shakdher, while dealing with a challenge to the mandate, noted that when certain guidelines were issued by the central government in 2011 in relation to the foreign visits by judges of the Supreme Court and the High Courts, it had dispensed with the requirement of obtaining political clearance for private foreign visits and the same approach ought to have been followed this time as well.

“In our view, in the instant O.M (Office Memorandum), the same regime ought to have been followed. Therefore, insofar as the instant O.M. dated July 13, 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,” stated the bench, also comprising Justice Jasmeet Singh, in its order passed on April 1.