Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2022 (4) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2022 (4) TMI 1610 - TELANGANA HIGH COURTLegality of action of the respondents No. 2 and 3 in obstructing and restraining her from travelling abroad - violation of principles of natural justice - HELD THAT:- Considering the judgments of the Hon'ble Apex Court in SATWANT SINGH SAWHNEY VERSUS D. RAMARATHNAM ASSISTANT PASSPORT OFFICER NEW DELHI [1967 (4) TMI 196 - SUPREME COURT], wherein it was held that the right to travel abroad would fall within the scope of personal liberty enshrined under Article 21 of the Constitution of India and in MANEKA GANDHI VERSUS UNION OF INDIA [1978 (1) TMI 161 - SUPREME COURT], a 7 Judge Bench of the Hon'ble Supreme Court declared that no person can be deprived of his right to go abroad unless there is a law enabling the State to do so and such law contains fair, reasonable and just procedure, it is considered fit to direct the 2nd respondent to serve a copy of the Look Out Circular and reasons for issuing it to the petitioner and to provide an opportunity to her for hearing on it within two weeks from the date of receipt of a copy of this order and they are directed to permit the petitioner to travel abroad, if her presence for investigation is not required immediately or by taking an undertaking from her that she would appear as and when directed by them. The writ petition is disposed off.
|