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G. S. SANDHAWALIA, HARPREET KAUR JEEWAN
Kamal Preet Singh – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. petitioner seeks quash of look out circular. (Para 1 , 4) |
| 2. arguments regarding travel restrictions discussed. (Para 2 , 3) |
| 3. withdrawal of applications noted. (Para 5) |
| 4. endorsement on passport quashed; travel permitted. (Para 6 , 9) |
| 5. conclusion and order of the court. (Para 10) |
JUDGMENT
G.S. Sandhawalia, J.
Petitioner in the present writ petition filed under Article 226/227 of the Constitution of India seeks writ for directing respondent Nos.1 & 2 to produce the Look Out Circulars issued against him and to quash the same so that he can travel abroad. Resultantly, directions are also sought to expunge the entry made on the passport of the petitioner (Annexure P-13) wherein it has been stamped as "Cancelled Without Prejudice" on 15.03.2023.
2. Counsel for the petitioner submits that inter se parties judgment has already been pronounced in his favour on 12.12.2022 (Annexure P-6) and therefore respondent Nos.1 & 2 were not justified in preventing him from travelling abroad on 15.03.2023 when he had sought to go to United States of America.
3. Counsel for respondent Nos.1 & 2, Mr.Jain submits that on an earlier occasion, there was a direction that petitioner be permi
The right to travel abroad is a fundamental right under Article 21, subject to reasonable restrictions, and cannot be denied arbitrarily to an accused not convicted of any offense.
The issuance of a Look Out Circular must align with legal provisions, respecting the individual's fundamental right to travel.
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.
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