Supreme Court Asked Judge of SC and HC to Inform Government About Details of Foreign Visits

On 10 December 2012, the Supreme Court partially stayed the order of Delhi high court in which it had cancelled three paras of Centre's 2010 circular which made it compulsory for the judges to take foreign visits only with approval of chief justice of the high court concerned or Chief Justice of India (CJI).

The judges of Supreme Court as well as high court needed to inform the Government of India about the foreign visits which include the purpose of their visit, duration as well as the funding source.

Foreign visits could be taken after traveling details were submitted to the Government of India. The high court had called these conditions offending for autonomy of higher judiciary, which is why it cancelled them on 25 May 2012. The high court had cancelled the paragraph which mentioned that travel details need to be submitted, but it clarified that the judged still needed to give information regarding their duration of the trip as well as city in which they intended to stay. These details need to be submitted to the chief justice of the HC concerned or CJI.

In argument to the challenge of government to HC order, the solicitor general R F Nariman clarified that this circular was important in order to provide security for judges while they were in the foreign land. He declared that the judges went abroad on diplomatic passports which are issued to the judges by the Central Government. Bench of Chief Justice Altamas Kabir and Justices S S Nijjar and J Chelameswar however declared that they also knew judges which took foreign trips on personal passports instead of diplomatic ones. Getting the information about foreign visit was made necessary so that the concerned ministry could help these judges if they needed some.

The Supreme Court on 10 December 2012 stayed the order of Delhi high court in which it had cancelled the paragraph 10 of Centre’s 2010 circular.