Daijiworld Media Network- Mumbai
Mumbai, May 2: In a significant ruling underscoring the right to medical freedom and international mobility, the Bombay High Court has allowed a US citizen and Overseas Citizen of India (OCI) card holder, Ami Kotecha, to travel to the United States for medical treatment despite being on bail in a gold smuggling case.
Kotecha, who was arrested in February for allegedly smuggling over 5 kg of undeclared gold worth Rs 5 crore through Mumbai International Airport, had spent 28 days in jail before securing bail. However, the bail order had imposed a strict condition requiring her to surrender her passport for six months.
Justice Milind Jadhav, in a ruling dated April 30, described the Centre and Directorate of Revenue Intelligence's (DRI) opposition to her travel request as “preposterous,” stating that the prosecution could not compel an accused to undergo treatment in India when they sought care abroad.
“The prosecution’s argument that medical treatment is available in India is not a sufficient ground to curtail the accused’s liberty when she is willing to return and cooperate with the investigation,” said the High Court.
Kotecha's counsel, Sujay Kantawala, argued that the petitioner wished to attend her daughter’s graduation ceremony in the US in addition to continuing her medical care. Invoking her fundamental right to travel, he requested the court to delete the bail condition restricting her mobility.
Special Public Prosecutor Siddharth Chandrashekhar contended that India has adequate medical infrastructure and the necessary medication for her treatment.
However, the court ruled in Kotecha's favour, deleting the passport-related bail condition. It further directed that her travel itinerary must be shared in advance with the prosecution and that she must fully cooperate with the investigation. Any failure on her part to comply could allow the DRI to seek revocation of the court's order.
Justice Jadhav concluded that forcing a person to receive treatment in a specific country due to pending legal proceedings was unjustifiable, especially when the individual had shown intent to return and assist the probe.