Court Upholds Right to Travel Abroad as Fundamental Right, Citing Lack of Justification for LOC Continuation
In a significant judgment, the Delhi High Court has quashed the Look-Out Circular (LOC) issued against Maria Ramesh in connection with an FIR registered by the Economic Offences Wing, citing it as an infringement of her fundamental right to travel abroad. The court, presided by Justice Purushaindra Kumar Kaurav, underscored that the right to travel is an intrinsic part of personal liberty under Article 21 of the Indian Constitution and cannot be curtailed arbitrarily.
The case stemmed from an FIR registered in December 2020, alleging financial discrepancies related to a real estate project named "USHERA." Despite being granted anticipatory bail and consistently cooperating with the investigation, Maria Ramesh was subjected to an LOC, which impeded her overseas travel. The petitioner argued that the LOC was unjustified, especially as she had never been called for investigation post-bail and was not deemed a flight risk.
Justice Kaurav emphasized that the continuation of an LOC requires fresh material evidence and necessity for ongoing investigation. The court observed that the LOC in Maria's case had been in effect without any such justification, and no allegations of non-cooperation or obstruction were raised by the investigating agency. Consequently, the court deemed the prolonged operation of the LOC as arbitrary and a violation of personal liberty.
The court cited precedents from various cases, including Vikram Sharma v. Union of India and Sumer Singh Salkan v. Asst. Director, which elucidated the legal parameters for issuing an LOC. It reiterated that an LOC should only be issued in cases where the accused is deliberately evading arrest or poses a flight risk, neither of which applied to Maria Ramesh.
In its order, the court laid down conditions for quashing the LOC: Maria Ramesh must file an affidavit promising continued cooperation with the investigation, notify the agency of any international travel plans, and adhere to conditions if a charge-sheet is filed. The court also allowed the investigating agency to take appropriate legal steps if any reservations about her travel arise.
With this judgment, the Delhi High Court reaffirmed the principle that an individual's right to travel cannot be curtailed without substantial and justifiable reasons, marking a significant stance on the protection of fundamental rights.
Bottom Line:
Look-Out Circular (LOC) - Right to travel abroad is a fundamental right under Article 21 of the Constitution of India and cannot be curtailed arbitrarily. Continuation of LOC without any fresh material or necessity for investigation is unjustified.
Statutory provision(s): Article 21 of the Constitution of India, Sections 406, 420, 120-B of the Indian Penal Code, Article 226 of the Constitution of India.
Maria Ramesh v. Union Of India, (Delhi) : Law Finder Doc id # 2852110
