The Madhya Pradesh High Court has determined that a father’s request to travel abroad for his disabled son’s medical treatment cannot be dismissed lightly, affirming that such travel is safeguarded under the fundamental right to life and personal liberty as outlined in Article 21 of the Constitution. The father’s plea came amid an ongoing cheating case, as he sought permission to visit Russia to care for his son, who is permanently disabled.
Justice Pavan Kumar Dwivedi presided over the case involving Gaurav Ahlawat, a Russian national, who was contesting a trial court’s decision from May 22 that denied his application for foreign travel. This ruling was made despite a prior Supreme Court directive allowing him to seek modifications to his bail terms for international travel.
The high court noted on June 22 that Ahlawat had clearly expressed his intention to travel abroad for his son’s treatment. The court emphasized that the right to travel internationally and the obligation to care for an ailing child are both essential components of the right to live freely, as guaranteed by Article 21 of the Constitution. It concluded that such a fundamental right should not be denied in a cavalier fashion.
Ahlawat is currently facing charges in a 2024 case under various sections of the Bharatiya Nyaya Sanhita (BNS), 2023, which includes accusations of aggravated criminal breach of trust and cheating through dishonest inducement. However, the current proceedings focused solely on whether he could be permitted to travel abroad while on anticipatory bail, without delving into the specifics of the criminal case itself.
His application for anticipatory bail was initially turned down, leading him to appeal to the Supreme Court, which granted him interim protection on September 26, 2025, and subsequently approved his anticipatory bail on January 23.
As a foreign citizen, the Supreme Court instructed Ahlawat to surrender his passport to the trial court, comply with the ongoing investigation, and appear as required. It stipulated that he could request changes to his bail conditions before the trial court whenever travel was necessary, leaving the final decision to the trial court based on the specifics of each situation.
Following these instructions, Ahlawat reported to the investigating officer on January 30 and submitted his bail bonds to the trial court by February 3, during which he also surrendered his passport. He has since remained cooperative with the investigation.
Ahlawat’s son suffers from several serious medical conditions, including Residual Organic Damage, Hypertensive-Hydrocephalic Syndrome, mental retardation, and Minimal Cerebral Dysfunction, rendering him permanently disabled. The petition noted that Ahlawat’s wife and son reside in Russia, with no other caregivers available for them.
Earlier, the trial court had permitted Ahlawat to travel abroad on April 27. After addressing his son’s medical needs, he returned to India within the designated timeframe and surrendered his passport to the trial court on May 11, adhering to all imposed conditions.
The contention arose when Ahlawat applied for a second trip to Russia, citing a decline in his son’s health and a recommendation from the medical staff at LLC Reatsentr Samara for another rehabilitation period between June 25 and August 10. However, the trial court rejected this request on May 22, arguing that the child had been suffering from the condition since birth and expressing concerns that allowing Ahlawat to travel again could complicate his return for trial.
In response to this denial, Ahlawat escalated the matter to the high court, which granted his petition, overturning the trial court’s ruling from May 22. The high court authorized Ahlawat to travel to Russia from June 23 to August 16 and ordered the release of his passport for the trip. He was instructed to return it to the trial court between August 17 and August 18, ensuring compliance with all previous conditions.
