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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SESHASAYEE
Pathan Apser Hussen – Appellant
Versus
Bureau of Immigration Ministry of Home Affairs Government of India – Respondent
ORDER :
N. SESHASAYEE, J.
“Of old sat Freedom on the heights,
The thunders breaking at her feet:
Above her shook the starry lights:
She heard the torrents meet.
That her fair form may stand and shine,
Make bright our days and light our dreams,
Turning to scorn with lips divine
The falsehood of extremes!”
- Alfred Tennyson
Introductory:
1.This batch of cases involves a common prayer: “Please let us travel abroad.” The land of their intended destination does not unwelcome them, but the land of their birth would not let them go. Are they so precious that the Executive Government, whose face in this litigation goes by the name the CBI, considers that the country cannot lose them? They surely are precious, for every life in this land is, but the restraint on them from travelling abroad has little to do with the value they may add as citizens of this country. It is the apprehension of the CBI, nay, almost its petrifying fear of once bitten eternally shy variety, that appears to have engulfed and gripped its psyche that it fears that these petitioners might flee the country, never to return.
2. The CBI wants them here. It has either completed its investigation or it may be underway. That is more on fa
The right to travel abroad is a fundamental right under Article 21, and unjust restrictions violate personal liberty, requiring reasonable conditions for accused individuals pending investigations.
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 fundamental right to travel abroad under Article 21 of the Constitution of India requires a high threshold to be curtailed, and the issuance of Look Out Circulars (LOCs) should be limited to case....
Look Out Circulars must adhere strictly to legal frameworks and cannot deny fundamental rights without justifiable grounds.
The issuance of Lookout Circulars must be justified and cannot infringe upon the fundamental right to travel without sufficient grounds.
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 issuance and continuation of a Look-Out Circular must be justified by compelling reasons, specifically regarding flight risk or evading justice; lack of fresh evidence can render it arbitrary.
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....
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