The Allahabad High Court has granted permission to Siddharth Varadarajan, the founding editor of The Wire, to travel to New York from September 28 to October 7. This decision was delivered by Justice Chandra Dhari Singh on September 23, following Varadarajan’s unconditional apology for not surrendering his passport as previously ordered by the court in 2020.
Judicial Considerations and Apology Acceptance
Justice Singh noted Varadarajan’s presence in court and his sincere apology, which also included an undertaking to appear as required. The court found it just to accept the apology, thereby forgiving the delay in complying with the passport surrender order issued on May 15, 2020. The court acknowledged that Varadarajan has been on anticipatory bail since 2020 and deemed his travel to New York to be for legitimate reasons.
Travel Permission Granted with Conditions
The court discerned no evidence suggesting that Varadarajan would flee if permitted to travel abroad. Despite the charge-sheet being filed in 2020, the trial has not commenced, prompting the court to allow his travel under certain conditions. Justice Singh considered Varadarajan’s application seeking clarification of his 2020 bail conditions but focused on his current request to travel.
Background of the Case
An FIR was lodged against Varadarajan in Ayodhya, linked to a tweet about a March 31, 2020 report on COVID-19 cases and a quarantine center in Delhi. Varadarajan clarified that the factual error in the report was rectified once it was brought to his attention.
State Opposition and Court’s Decision
The State of Uttar Pradesh opposed Varadarajan’s travel, citing unserved summonses and his failure to deposit his passport as directed in the 2020 bail order. They argued this could indicate a risk of him not returning to India. However, after careful consideration, the High Court allowed the travel, stipulating that Varadarajan must appear before the trial court on October 12 and submit his passport to the High Court within a week of his return.
Justice Singh warned that if Varadarajan fails to return to India within the specified period, the State may take coercive action. Representing Varadarajan were Senior Advocate Nitya Ramakrishnan and Advocates Amrendra Nath Tripathi, Harsh Vardhan Kediya, Surangama Sharma, and Utkarsh Srivastava.
