Petitioner's right to travel abroad, integral to personal ...

High Court: Indefinite Look Out Circulars Violate Right to Travel Under Article 21, Must Be Proportionate.

January 9, 2025

Case Laws     Companies Law     HC

Petitioner's right to travel abroad, integral to personal liberty under Article 21, cannot be curtailed indefinitely without credible material. While allegations of financial impropriety warrant investigation, absence of evidence of intent to abscond or obstruct investigation necessitates permitting conditional travel abroad. LOC imposed lacks proportionality given SFIO's ability to independently obtain evidence, Petitioner's disclosed foreign assets, and lack of allegations of tampering or intimidation. HC allows conditional travel, subject to applicable conditions and forfeiture of security upon violation, disposing petition.

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