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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
| Table of Content |
|---|
| 1. right to travel abroad and its implications. (Para 1 , 2 , 3 , 4) |
| 2. petitioners' profiles and reasons for seeking travel permission. (Para 5) |
| 3. fundamental rights and their connection to personal freedom. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 4. exploration of the right to travel as protected under constitutional law. (Para 17) |
| 5. nature and purpose of look out notices (loc). (Para 20 , 21 , 22 , 23) |
| 6. the balance between the rights of accused and procedural requirements. (Para 24 , 25 , 26 , 27) |
| 7. conditions for balancing the right to travel against investigatory needs. (Para 30) |
| 8. framework for permitting travel abroad under judicial oversight. (Para 34 , 35 , 36 , 37) |
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 woul
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....
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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