The Delhi High court passed a judgement on 9TH February, 2023. This was seen in the case of SANDEEP SINGH DESWAL v. STATE (GOVT. OF NCT OF DELHI)2023/DHC/149 and he case was presided over by Hon’ble Justice Rajnish Bhatnagar
FACTS OF THECASE:
In this case application has been filed by petitioner for bringing on record the itinerary of the petitioner for his proposed visit to USA.
ORDER OF THE COURT
The Delhi High Court has observed that mere suspicion of an accused not returning to India, when the liberty granted to travel abroad has never been misused on earlier occasions, cannot be a basis to deny permission to travel abroad.
LOC is not to be issued in a routine manner “as it may affect the liberty of an accused.”
“In the instant case, it is an admitted position that the main chargesheet has been filed against the petitioner without apprehending him and the Ld. Trial Court has also, summoned only two accused persons while the remaining three accused persons including the petitioner have not been summoned till date. Therefore, in my opinion, the case at hand does not fall within the purview of an exceptional circumstance,” it said.
Granting relief to Deswal, the court said that it is a trite law that right to travel is a valuable fundamental right and should be curtailed only in exceptional circumstances.
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Order reviewed by Drishti verma