Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.Seshasayee
Karthik Parthiban – Appellant
Versus
Superintendent of Police Central Bureau of Investigation (CBI) Bank Securities and Frauds Branch – Respondent
| Table of Content |
|---|
| 1. petitioner's right to temporary travel. (Para 1 , 2 , 3) |
| 2. cbi's opposition to travel due to fraud risks. (Para 4) |
| 3. court's analysis of travel request. (Para 5 , 6 , 7) |
| 4. article 21 protects dignified life, including for foreigners. (Para 9 , 10) |
| 5. historical context of right to travel. (Para 11 , 12) |
| 6. court's need for conditions ensuring return. (Para 13) |
| 7. petition granted with conditions. (Para 14) |
ORDER :
N. Seshasayee, J.
The petitioner herein is the director of A2, a registered company in C.C. No. 554 of 2023, now pending for framing of charges before the Additional Chief Metropolitan Magistrate Court, Chennai. He is aged about 35 years and is a citizen of Seychelles, an east African country. He is stuck in India following a LOC issued by the CBI.
2. The petitioner was barely married for about a year, and was working in Singapore when he was implicated in this case. His parents are Indian citizens who reside in Malaysia, and his wife is a Malaysian citizen who continues to reside there.
3. In the present petition, the petitioner seeks the leave of this Court to visit his parents between 11.09.2024 and 11.10.2024 in Malaysia. He has pleaded that:
a) Recently hi
The right to travel abroad is included under Article 21 of the Constitution, protecting even foreign nationals facing trial from undue restrictions.
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 gravity of the offence and the absence of an extradition treaty between the countries influenced the court's decision to dismiss the petitioner's request to travel abroad.
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.
A person facing criminal trial has a fundamental right to travel abroad which cannot be denied by imposing unreasonable restrictions, though appropriate conditions can be imposed to ensure trial proc....
Point of Law : Principles for granting exemption from personal appearance of the accused can be applied to appropriate sessions case as well.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
