Delhi: Smuggler allowed to travel, judge order under scrutiny

Criticising a Chief Judicial Magistrate (CMM) for granting permission to travel home to a Kazakhstan resident, who is facing charges of gold smuggling, without ascertaining the complete facts, the Delhi High Court has referred the matter to its Inspecting Committee of Judges. It has also ordered that the information regarding concealment of facts and conduct of lawyers in the case be sent to the Bar Council of India.

“The matter be also placed before the Inspecting Committee of Judges of this Court qua the learned Trial Court in relation to the virtual non application of mind in the instant case and disregard to the hierarchy of Courts,” Justice Anu Malhotra said in an order.

The order has been passed by the court in a petition filed by Air Customs against the grant of permission to the foreigner Begaim Akynova to travel abroad. The court also noted that the application filed before CMM did not mention the decline of a prayer to High Court in August 2020 to travel abroad. It said the omission seemed “apparently deliberate” and cannot be overlooked.