The right to travel abroad has in fact recognized as a fundamental right under Article 21 of the Constitution of India, observed the Bombay High Court while permitting one Sanjay Dangi to travel to the US and UK from June 6 to June 23.
Dangi, promoter of Authum Investment and Infrastructure Limited as NDSI Non-Banking Financial Company, was summoned by the Central Bureau of Investigation (CBI0 as a witness in its probe in the alleged scam involving Wadhawan promoted Dewan Housing Finance Limited (DHFL). Authum Investment is registered with the Reserve Bank of India (RBI) and has a net worth of Rs.9,500 crores.
A vacation bench of Justices Kamal Khata and Shyam Chandak suspended till June 24 the Look Out Circular (LOC) issued by the CBI against Dangi and allowed his plea seeking permission to travel to the USA from June 6 to June 15 and to the UK from June 15 to June 23.
Dangi’s Advocate Nishant Chothani submitted that he has not been named in the chargesheet filed by the CBI case and was, in fact, summoned by the agency to give evidence as a witness. Also, he was permitted to travel abroad on five occasions and never has he breached any of the conditions imposed on him.
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CBI advocates, TC Nirbhavne with AM Chimalkar, opposed the plea on the ground that the agency now intends to transpose Dangi “from witness to accused category and would file a charge sheet against him”.
The bench, after pursuing the papers and proceedings in the case, noted that the CBI has filed chargesheet in the case against DHFL and others, and has, till date, not arraigned Dangi as an accused. “Undisputedly, the Applicant is not even shown as a witness,” the bench remarked.
It also took into account that Dange was permitted to travel abroad on imposing certain terms and conditions.
“The right to travel abroad has in fact recognized as a fundamental right under Article 21 of the Constitution of India. If the Applicant (Dangi) has not been arraigned as an accused, he should not be restrained from travelling abroad especially when the Look Out Circular is challenged,” the judges underlined.
The court permitted Dangi to travel abroad on filing an undertaking to the court that he shall “strictly adhere to the itinerary” provided to the investigating agency and that he shall return to India on or before June 24. Also, he has to undertake that he shall travel only to the USA and the UK during these days and the itinerary shall not be changed.
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