The doctrine of res judicata cannot be stretched to perpetuate restrictions on fundamental rights | The right to travel abroad cannot be curtailed arbitrarily or indefinitely – Atul Punj Vs. Union of India and Ors. – Delhi High Court
The Hon’ble Delhi High Court held that:
(i) When subsequent developments alter the factual or legal matrix, courts retain the flexibility to revisit and adjudicate such matters to ensure justice. In such cases, courts must adopt a pragmatic approach, balancing the need for judicial finality with the imperative to protect constitutional rights in light of new and compelling circumstances.
(ii) The right to travel abroad, being an essential component of the right to personal liberty under Article 21 of the Constitution, cannot be curtailed arbitrarily or indefinitely. Restrictions such as an LOC must pass the test of proportionality and necessity, ensuring that they are imposed only when supported by credible material.