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IN THE HIGH COURT OF DELHI AT NEW DELHI
SAURABH BANERJEE
Atul Punj – Appellant
Versus
Union Of India – Respondent
| Table of Content |
|---|
| 1. petitioner seeks permission to travel following look out circular. (Para 1 , 2 , 3) |
| 2. petitioner's health urgency justifies need for travel. (Para 4 , 5) |
| 3. consider previous orders and health conditions in decision. (Para 6 , 13 , 14) |
| 4. proportionality test for restrictions on personal liberty. (Para 8) |
| 5. loc suspended; petitioner may travel under conditions. (Para 17 , 19) |
JUDGMENT :
SAURABH BANERJEE, J.
1. The present writ petition has been received on transfer on an urgent mentioning.
2. The petitioner, vide the present writ petition under Article 226 of Constitution of India, seeks the following reliefs:
“A. Issue a Writ, Order or Direction in the nature of Certiorari and/or Mandamus or any other appropriate Writ/Order/Direction suspending the Look-Out Circular(s), if any, issued against the Petitioner (bearing passport No. Z4270314) by the Respondent No. 3 at the instance of Respondent No. 1 and 2 and permitting the Petitioner to travel to Lisbon (Portugal) and Spain via Dubai, UAE between 25.08.2025 to 16.09.2025 on such terms and conditions this Hon’ble Court deems fit; AND/OR
B. Issue a writ of certiorari/mandamus or any other writ/ order/ direction in the natu
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.
LOC issued by the second respondent shall remain suspended till 30.06.2021, so as to enable petitioner to travel abroad, naany day on and from 27.04.2021 till 30.06.2021
The right to travel is a fundamental right under Article 21, and restrictions must be justified with substantial evidence.
The issuance of a Look Out Circular must align with legal provisions, respecting the individual's fundamental right to travel.
The seriousness of the allegations, the availability of medical treatment in India, and the risk of the petitioner fleeing the country were key considerations in the court's decision.
The issuance of a Look Out Circular (LOC) must be in accordance with the Central Government guidelines and must be based on reasonable grounds. The right to personal liberty and freedom of movement u....
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