Special court allows actor Rhea Chakraborty’s brother to travel abroad

A special NDPS court allowed Rhea Chakraborty's brother, Showik, an accused in a drugs case, to travel to Australia, stating that the right to travel abroad is part of the fundamental right to life and liberty. The court said Showik's passport could not be impounded except by the passport authority and that the Narcotics Control Bureau had not followed the proper procedure for retention of the passport. Showik was booked by the NCB as part of its probe into the alleged Bollywood-drugs suppliers nexus after the death of actor Sushant Singh Rajput.

A special NDPS (Narcotic Drugs and Psychotropic Substances Act) court recently allowed actor Rhea Chakraborty’s brother Showik, an accused in a drugs case, to travel to Australia stating that the right to travel abroad is part of a fundamental right – right to life and liberty – and no person can be deprived of his right except according to procedure established by law.

Mumbai, India - August 07, 2020: Rhea's brother Showik Chakraborty reaches to ED office at Ballard Estate in Mumbai, India, on Friday, August 07, 2020. (Photo by Anshuman Poyrekar/Hindustan Times) (Anshuman Poyrekar/HT PHOTO)

Showik had approached the special court through his lawyer Zehra Charnia seeking permission to travel to Australia for seven days from September 17. The plea was opposed by special public prosecutor Atul Sarpande who said that there was a possibility that Showik might never return to India.

The court, however, said the passport could not be impounded except by the passport authority. “Admittedly in the present matter retention of the passport by the respondent (Narcotics Control Bureau) has not been done in conformity with the provisions of law – the Passports Act.”

“Personal liberty as contemplated under Article 21 includes within its ambit the right to go abroad and consequently no person can be deprived of his right except according to the procedure established by law. In the present matter, from the appreciation of material on record, it appears that the respondent has not followed the procedure according to the law for retention of the passport,” the special judge added.

The agency in its chargesheet filed in March 2021 had said that Rhea and Showik were actively involved in procuring and financing narcotic substances for Rajput and it had invoked charges under sections of the NDPS Act against the siblings.