This particular decision is held by the High Court Of Karnataka through the single bench of Justice S G Pandit in the case of Sudarshan Ramesh v. Union Of India
Sudarshan is a Mechanical Engineer and employed at Brunel, based in Eindhoven, Netherlands. As his father was suffering from illness and was hospitalised he had arrived in India on August 12, 2021. He is the only earning member of the family. Further, it was argued that the condition of his employment is such that he is required to work overseas and to return to the Netherlands within six months of staying outside, for renewing his work permit.On January 13, he reached the Bangalore International Airport and complied with the requisite immigration protocol. However, before he could board the flight, the authorities restrained him from proceeding further. Thereafter, an endorsement was affixed on the petitioner’s passport for cancellation.
Petitioner argued that he was not given any prior intimation regarding travel restrictions and that the action of the respondent authorities is wholly contrary to the principles of natural justice.
Orders and judgements
It then observed, “The e-mails of the petitioner which is reproduced in the statement of objections of the respondents reveals that petitioner is intending to take permanent Dutch residence and Dutch citizenship. Therefore, respondents are right in apprehending that petitioner may not be available for further investigation of crime registered against brother of the petitioner.”The third respondent in a sealed cover has made available the request letter of the third respondent issued to second respondent and also note sheet leading to issuance of the said request letter. On going through the same, this Court is satisfied with the reasons recorded in note sheet, while requesting the second respondent to issue LOC against the petitioner.“It is for the petitioner to cooperate with the investigation being conducted by the third respondent and to convince the third respondent that he has no role to play in the money laundering case registered against his brother and request for withdrawal of LOC issued against him.”
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Judgement reviewed by- Mohammed Shoaib