The right to travel is a fundamental right under Article 21, and restrictions must be justified with substantial evidence.

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 Prevention of Money Laundering Act, 2002 [“PMLA”]. The Orders permitting Petitioner No. 1 to travel relate to cases registered by the Central Bureau of Investigation [“CBI”] and the Enforcement Directorate [“ED”] in respect of various offences, which are also the subject matter of the present proceedings.

5. Learned counsel for the Applicant/ Petitioner No. 1 also refers to paragraph 9 of the said Order dated 05.03.2025 which reads as follows:

“9. Consequently, the instant application is hereby allowed. Passport is ordered to be released to the applicant against proper receipt and identification. Further applicant is permitted to travel the places i.e. USA (New York, New Haven, San Francisco, San Diego, Seattle), Mexico and Japan from 15.05.2025 to 15.06.2025.

However, he shall abide by following conditions :

(i) That the applicant/accused shall furnish his present and permanent address, mobile number, e-mail address to the Investigating Officer. In case of any change thereof he shall inform the Investigating Officer forthwith.

(ii) That the applicant/accused shall keep his mobile phone on ON MODE in all circumstances and all days and shall also call the Investigating Office apprising him of his whereabouts, if asked.

(iii) That the applicant/accused shall furnish all necessary and minute details along with his itinerary to the Investigating Officer qua his stay in the USA (New York, New Haven, San Francisco, San Diego, Seattle), Mexico and Japan.

(iv) That the applicant/accused shall not seek extension of the period of his stay abroad at any ground whatsoever, except in case of medical emergency and shall return to India by 15.06.2025 and report to the court in person on next working day of this court, along with his passport.

(v) That the applicant/accused shall not visit any other country except USA (New York, New Haven, San Francisco, San Diego, Seattle), Mexico and Japan.

(vi) That the applicant/accused shall furnish indemnity bond to the tune of Rs. Fifty Lacs before this court/duty court, and the said amount shall be forfeited in case there is any violation of conditions on the part of the applicant/accused.

(vii) That the applicant/accused shall also deposit an FDR to the tune of Rs. Fifteen lacs in his own name before this court, which he shall not be able to encash without permission of this Court and the said amount shall be forfeited in case there is any violation of conditions on the part of the applicant/accused.”

6. Learned counsel for the Applicant/ Petitioner No.1 would state that similar conditions can be imposed upon him and he may be granted the relief of permission to travel.

7. Learned counsel for the Respondent Bank opposes the present application, stating that a large scale fraud has been committed by the Applicant/ Petitioner No.1 against