Freedom of movement: India

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Restrictions/ curbs on

Restrictions under exceptional circumstances\ HC

TNN, June 26, 2023: The Times of India

NEW DELHI: The right to travel is valuable and can be curtailed only under exceptional circumstances, a Delhi court said.

The court's observations came while allowing Raman Sethi, a businessman, to travel to the United States of America to attend his son's graduation ceremony. Sethi has been accused of involvement in an alleged Rs 135 crore bank loan fraud case.

"Taking note of the fact that the right to travel abroad is a valuable fundamental right and can be curtailed only under exceptional circumstances and merely because a case is pending against him before a court of law does not dis-entitle him to enjoy his fundamental right to travel as per his desire," the court of vacation judge Anil Atil remarked in the order on June 9.

The court allowed Sethi to travel to the USA from June 12 to 30, noting that he travelled to the United Arab Emirates from May 6 to 12 and returned successfully.

While granting the permission, the court directed Sethi not to tamper with the evidence or try to influence the witnesses. The central bureau of investigation had opposed Sethi's application to fly abroad, saying the probe was at an initial stage. Sethi submitted before the court that a look out circular was issued against him by

CBI even though he was the whistleblower in the case.The fraud case was filed on the complaint of Union Bank of India against a private company and its directors and guarantors for defaulting in the payment of a loan.

The CBI had alleged that the accused persons had siphoned off Rs 135.5 crore from 2012 to 2020 and misappropriated funds by falsifying the company's books.