Hemanta Kumar Banka vs Union of India

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Cal) 750

T. S. SIVAGNANAM, HIRANMAY BHATTACHARYYA
Hemanta Kumar Banka – Appellant
Versus
Union of India – Respondent

Advocates Appeared:
For the Appellant : Mr. Jishnu Chowdhury, Sr. Adv., Mr. Sarva Priya Mukherjee, Sr. Adv., Mr. Sanjukta Gupta, Mr. Arnab Sardar, Mr. Abir Lal Chakravorti.
For the Respondent: Mr. Sabyasachi Choudhury, Sr. Adv., Mr. Rajarshi Dutta, Mr. Sourjya Roy, Mr. Arjun Mookerjee.

JUDGMENT :

T.S. Sivagnanam, J.

1. This intra court appeal by the writ petitioner is directed against the order dated February 23, 2021 in WPO No. 53 of 2021. The said writ petition was filed by the appellant praying for issuance of writ of a mandamus to direct the authorities namely the Ministry of Home Affairs, Government of India and UCO Bank to show cause as to why the look-out notice issued against the appellant, impugned in the writ petition, should not be rescinded forthwith. The appellant also sought for a direction upon the respondent to desist and/or forebear from preventing the appellant from travelling abroad. The learned single bench by the impugned order dismissed the writ petition holding that it does not lie in the mouth of the appellant to say that his right to travel touches upon the liberty under Article 21 of the Constitution of India and that Article 21(6) is the sufficient handle to curtail such a right, since the individual right of the appellant has to give way to the public interest of India. Aggrieved by such order, the appellant has preferred the present appeal.

2. Mr. Jishnu Chowdhury, learned advocate appearing for the appellant submitted that the learned w