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IN THE HIGH COURT OF DELHI AT NEW DELHI
HARISH VAIDYANATHAN SHANKAR
Vineet Gupta – Appellant
Versus
Union of India – Respondent
| Table of Content |
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| 1. court's reasoning on the fundamental right to travel. (Para 34) |
JUDGEMENT (Oral)
HARISH VAIDYANATHAN SHANKAR, J.
CM APPL. 34561/2025 (By Petitioner No.1. seeking suspension of LOC to travel abroad) in W.P.(C) 7850/2025
1. This is an application filed on behalf of the Applicant/ Petitioner No. 1 under Section 151 of the Code of Civil Procedure, 1908 seeking suspension of Look Out Circular [“LOC”] issued by Respondent No. 1 at the behest of Respondent Nos. 2 and 3 against Petitioner No. 1 and for permitting Petitioner No.1 to travel abroad.
2. Originally, the said application sought permission to travel from 30.05.2025 to 15.06.2025. However, by way of an additional affidavit, the Applicant/ Petitioner No. 1 now seeks to travel from 30.06.2025 to 30.07.2025.
3. Learned counsel for the Applicant/ Petitioner No.1 would also rely upon Orders dated 05.03.2025, 29.04.2025 and 15.05.2025, as modified by Order dated 03.06.2025, passed by the Court of learned Special Judge, Prevention of Money Laundering Court, Chandigarh, in UID No. HR0089.
4. A perusal of these Orders would show that the permission granted by the Court is in respect of cases registered under Section 4 of the Pr
The right to travel is a fundamental right under Article 21, and restrictions must be justified with substantial evidence.
Indefinite Look Out Circulars infringe on the fundamental right to travel abroad and violate the principle of proportionality under Article 21 of the Constitution.
The right to travel abroad is a fundamental aspect of personal liberty and must not be arbitrarily restricted; any restrictions must be justified by credible evidence.
The fundamental right to travel guaranteed under Article 21 of the Constitution of India and the presumption of innocence in favor of the accused are essential considerations in imposing travel restr....
The right to travel abroad is not a fundamental right; denial for non-essential travel does not violate legal provisions.
The central legal point established in the judgment is that the right to travel abroad, as guaranteed by Article 21 of the Constitution of India, cannot be curtailed unless a very high threshold is m....
Issuance of Look Out Circulars must be based on concrete evidence and cannot be justified solely by the default in loan repayment, as it violates fundamental rights without due process.
The right to travel abroad is a fundamental aspect of personal liberty, protected by Article 21, and should only be restricted by lawful and just procedures.
The right to travel abroad is protected under Article 21, and restrictions must be justified by credible evidence of flight risk or obstruction of justice.
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