Bombay High Court
Yadavendra Kumar Roy vs Union Of India And 2 Ors on 6 December, 2023
Author: B. P. Colabawalla
Bench: B. P. Colabawalla
2023:BHC-OS:14347-DB
7 ia 3617-23.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION NO. 3617 OF 2023
IN
WRIT PETITION (L) NO. 29832 OF 2023
LAXMI Yadavendra Kumar Roy .. Applicant/Petitioner
SUBHASH
SONTAKKE
Digitally signed by
LAXMI SUBHASH
Versus
SONTAKKE
Date: 2023.12.08
14:46:33 +0530
Union of India & Ors. .. Respondents
Mr. Rohaan Cama, Anupam Dighe, Chandni Tanna, Kavisha
Shah, Prathamesh Chavan i/b. India Law Alliance for the
Applicant/Petitioner.
CORAM : B. P. COLABAWALLA &
SOMASEKHAR SUNDARESAN, JJ.
DATE : DECEMBER 06, 2023
P. C.
1. The above Interim Application is filed by the
Applicant/Petitioner seeking permission to travel to USA for the period
commencing from 10th December, 2023 to 10th January, 2024. Though this is
the prayer, Mr. Cama, the learned Advocate appearing for the
Applicant/Petitioner submitted that the Applicant/Petitioner is actually
seeking to travel to USA only from 11th January, 2024 to 19th January, 2024
and will return back to India on 20th January 2024. He submitted that the
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above Interim Application is necessitated because Respondent No.2-Deputy
Director, Directorate of Revenue Intelligence, has issued a Look Out Circular
against the Applicant/Petitioner and which has also been challenged in the
above Writ Petition. He submitted that issues similar to the ones raised in the
present Petition have already been heard by another Division Bench of this
Court [in a bunch of other writ petitions] and the judgment is reserved. Mr.
Cama submitted that in the interregnum, parties like the
Applicant/Petitioner have been permitted to travel abroad for business as
well as personal reasons. He submitted that in the facts of the present case,
the Look Out Circular appears to have been issued because some proceedings
under the Customs Act, 1962 have been initiated against the
Applicant/Petitioner and in which investigation is already completed and
order has also been passed. There are also other show cause notices that have
been issued by the Customs Department but no criminal proceedings has
been either initiated or pending against the Applicant/Petitioner.
Considering that the right to travel is recognized as a fundamental right
under Article 21 of the Constitution of India, the Applicant/Petitioner be
allowed to travel abroad on such terms and conditions as this Court may
deem fit, was the submission of Mr. Cama.
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2. We have heard Mr. Cama on the above Interim Application.
Despite service, none have appeared on behalf of Respondent Nos. 2 and 3.
Mr. Cama has also filed an affidavit of service dated 30 th November, 2023
evidencing service of the above Writ Petition as well as the above Interim
Application on Respondent Nos. 2 and 3.
3. It is not in dispute that the issues similar to ones that are raised
in the present Petition have already been heard by another Division Bench of
this Court [in a bunch of other writ petitions] and the judgment is reserved. It
is also not in dispute that in the interregnum, parties like the
Applicant/Petitioner have been permitted to travel abroad subject to certain
terms and conditions being imposed upon them. Considering the right to
travel abroad is recognized as a fundamental right under Article 21 of the
Constitution of India, coupled with the fact that there are no criminal
proceedings that are either initiated or pending against the
Applicant/Petitioner, we are of the opinion that the Applicant/Petitioner can
be permitted to travel USA from 11 th January, 2024 to 19th January, 2024
subject to the following terms and conditions:-
a) The Applicant/Petitioner shall file an undertaking setting out a detailed
itinerary of the above travel including his plane tickets, hotel
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reservations and all other contact details during the aforesaid travel.
This undertaking shall also state that the Applicant/Petitioner shall
return back to India on or before 20th January, 2024.
b) The Applicant/Petitioner shall also file an undertaking not to apply for
renewal or extension of this order until he returns back to India.
c) Both the aforesaid undertaking shall be served on the Advocates for
Respondent Nos. 2 and 3 before the date of departure.
4. Subject to the above conditions, the Look Out Circular issued at
the instance of Respondent No.2 against the Applicant/Petitioner is
suspended upto 20th January, 2024. It is clarified that this order does not
apply to any other Look Out Circular and/or restraint order, if issued by any
other Authority/Court/Agency/Bank.
5. The Immigration Authorities at all ports of departure, including
all airports, will permit the Applicant/Petitioner passage and allow him to
take his flights out of the country irrespective of whether Respondent No.2 &
3 has notified the Authorities about the said suspension or not and
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irrespective of whether this suspension is noted in the Immigration
Authorities' system or otherwise.
6. The Immigration Authorities shall not insist upon a certified
copy of this order but will act on the presentation of an authenticated or
digitally signed copy of this order.
7. The above Interim Application is disposed of in the aforesaid
terms. However, there shall be no order as to costs.
8. This order will be digitally signed by the Private Secretary/
Personal Assistant of this Court. All concerned will act on production by fax
or email of a digitally signed copy of this order.
[ SOMASEKHAR SUNDARESAN, J.] [ B. P. COLABAWALLA, J.]
DECEMBER 06 2023
Laxmi
