Bombay High Court
AAKIB BADSHAH MALIKversusUNION OF INDIA AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The order dated 07.09.2026 is set aside and the matter remanded to the Special Court to rehear the application upon filing of a detailed itinerary.
Summary
The applicant, Aakib Badshah Malik, filed a criminal application seeking to quash the trial court's order dated 07.09.2026 which rejected his request for blanket permission to travel to ten foreign countries for six months on the ground that no detailed itinerary was provided. The trial court had held that the lack of a specific, itemised travel plan justified the rejection. The applicant’s counsel offered to submit a detailed itinerary, which the High Court found insufficient as presented. The High Court set aside the trial court’s order and directed the Special Court to rehear the application, provided the applicant files a detailed, date‑wise itinerary in an affidavit. The Special Court must decide the matter within one week of receiving the itinerary. The criminal application was thereafter disposed.
Issues considered
- Whether the trial court erred in rejecting the applicant's request for travel permission on the basis of an insufficient itinerary.
- Whether the order dated 07.09.2026 can be quashed and the matter remanded for fresh consideration upon submission of a detailed itinerary.
Subjects
- travel permission
- special court
- itinerary
- quashing order
- criminal application
- remand
Judgment
P11.APL.1767.2026.doc
Ajay
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 1767 OF 2026
Aakib Badshah Malik .. Applicant
Versus
Union of India and Ors. .. Respondents
....................
Ms. Nikita Gawai, Advocate i/by Mr. Saurabh Mehta for Applicant.
Mr. Sukanta A. Karmakar, APP for Respondent – State.
......…...........
CORAM : MILIND N. JADHAV, J.
DATE : SEPTEMBER 10, 2026.
P.C.:
1. Not on Board. Mentioned by way of filing praecipe dated
10.09.2026. Perused the praecipe.
2. Heard Ms. Gawai, learned Advocate for Applicant and Mr.
Karmakar, learned APP for Respondent – State.
3. Present Criminal Application is filed for seeking quashing of
the order dated 07.09.2026. Copy of that order passed below Exhibit
179 is appended at Exhibit ‘B’ – page No.28 of the Application. Exhibit
179 was filed by Applicant for seeking permission to travel abroad to
10 countries for a period of six months.
4. After hearing the learned Advocates for the parties, the
learned Trial Court has opined that since the Applicant was seeking a
blanket permission to travel to 10 countries situated in different
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continents of the world without giving any detailed itinerary for the
time period for such travel abroad, permission came to be rejected.
This is the reason given in paragraph No.4 of the order passed in
Exhibit 179.
5. When this matter is heard, the learned Advocate appearing
for Applicant states that she is ready to provide the detailed itinerary
which she has provided in the present Application to this Court. The
learned Advocate would submit that the itinerary is provided in ground
‘K’ on page No.15 of the Application. Prima facie on reading the same
and also the subsequent grounds, it is seen that this cannot be deemed
to be a detailed itinerary at all. I am therefore not inclined to consider
the present Application. However, at the request made by the learned
Advocate for Applicant that the order be set aside and remand be
allowed. I am setting aside the order dated 07.09.2026 with a direction
to the learned Special Court to hear Exhibit 179 afresh subject to the
following directions:-
(i) Applicant shall file a detailed, itemized, date-wise
itinerary of travel of Applicant to various countries,
places, alongwith all details to the satisfaction of the
concerned Special Court. That Affidavit is permitted to
be filed additionally before the Special Court forthwith
on the basis of a certified copy of this order downloaded
from the Bombay High Court website.
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6. Liberty is granted to Applicant to move the Special Court
alongwith a detailed itinerary, which shall be placed on Affidavit with
all the necessary details.
7. If such itinerary is filed, the learned Special Court is directed
to hear Exhibit 179 afresh and determine the same expeditiously and
in any event within a period of one week from the date of filing of the
Affidavit giving all details of itinerary to its satisfaction.
8. With the above directions, Criminal Application stands
disposed.
[ MILIND N. JADHAV, J. ]
Ajay
Digitally signed
by AJAY
AJAY TRAMBAK
TRAMBAK UGALMUGALE
UGALMUGALE Date: 2026.09.10
19:48:37 +0530
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