1983 (7) TMI 343 - SC - Money Laundering

Summary

Issues:
1. Permission to travel to Canada for medical treatment due to cancer diagnosis.
2. Balancing humanitarian grounds with the interests of justice in a case involving a life imprisonment sentence for murder and pending cases in two states.
3. Ensuring the petitioner's return to India within one year and setting up security measures for compliance.

Analysis:
1. The petitioner sought permission to travel to Canada for cancer treatment, supported by medical reports indicating the severity of her condition. Dr. Dhawan's examination confirmed the diagnosis and the need for chemotherapy as recommended by Dr. Telang. The court acknowledged the availability of treatment in India but emphasized the importance of the petitioner being with her family during treatment due to potential adverse effects of chemotherapy.

2. Balancing humanitarian concerns with legal obligations, the court decided to allow the petitioner to go to Canada for one year. However, considering the petitioner's life imprisonment sentence for murder and pending cases in two states, the court imposed conditions to ensure her return. The petitioner was directed to file an affidavit undertaking to return within a year, with security deposits totaling Rs. 1,50,000 and personal bonds from Father Allain and Sister Margarete. Additionally, the petitioner had to provide regular updates on her whereabouts to the High Commissioner for India in Canada.

3. The court clarified that the trial proceedings of the other accused individuals would not be delayed due to the petitioner's absence. The decision to permit the petitioner's travel was solely based on humanitarian grounds due to her advanced cancer stage, emphasizing the need for her to be with her family during treatment. The court ensured that the legal proceedings would continue uninterrupted while safeguarding the petitioner's right to medical care and family support.