Right to travel abroad important facet of the right to life and liberty: Court
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New Delhi: A Delhi court on Tuesday granted permission to Gautam Malhotra, an accused in a money laundering case linked to the Delhi excise policy, to travel to Scotland from July 21-29 for business.
It observed that the right to travel abroad is considered an important facet of the right to life and liberty guaranteed by the Constitution of India.
"There is no reason why the applicant should be deprived of that right, having considered all the facts and circumstances, including the fact of the applicant being on bail in the present matter. I need not burden the present matter with the detailed facts of the case, being unnecessary," observed the court of special judge Dig Vinay Singh.
Malhotra sought the suspension of a lookout circular and permission to travel to Scotland. Gautam, son of the former MLA from Punjab and liquor baron, Deep Malhotra, is currently out on bail.
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The court stated that if any LOC was issued by ED, it shall remain suspended during the applicant's period of travel.
Earlier, the special counsel for ED opposed the application, expressing apprehensions that permitting the applicant might frustrate and delay the trial, and that the applicant might tamper with the evidence.
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The agency also claimed that the offence involved was grave.
The court stated that the applicant was on bail in the present matter and therefore it could not be claimed that the applicant was a flight risk. "He has roots in society, so there is no force that the applicant may flee from justice."
The court said that regarding the apprehension of the prosecuting agency as to the availability of the accused and the progress of the trial, adequate directions could be passed while allowing the application.
New Delhi: A Delhi court on Tuesday granted permission to Gautam Malhotra, an accused in a money laundering case linked to the Delhi excise policy, to travel to Scotland from July 21-29 for business. It observed that the right to travel abroad is considered an important facet of the right to life and liberty guaranteed by the Constitution of India.
"There is no reason why the applicant should be deprived of that right, having considered all the facts and circumstances, including the fact of the applicant being on bail in the present matter.
I need not burden the present matter with the detailed facts of the case, being unnecessary," observed the court of special judge Dig Vinay Singh.
Malhotra sought the suspension of a lookout circular and permission to travel to Scotland. Gautam, son of the former MLA from Punjab and liquor baron, Deep Malhotra, is currently out on bail.
The court stated that if any LOC was issued by ED, it shall remain suspended during the applicant's period of travel.
Earlier, the special counsel for ED opposed the application, expressing apprehensions that permitting the applicant might frustrate and delay the trial, and that the applicant might tamper with the evidence. The agency also claimed that the offence involved was grave.
The court stated that the applicant was on bail in the present matter and therefore it could not be claimed that the applicant was a flight risk. "He has roots in society, so there is no force that the applicant may flee from justice."
The court said that regarding the apprehension of the prosecuting agency as to the availability of the accused and the progress of the trial, adequate directions could be passed while allowing the application.
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