Tuesday, July 5, 2022

Citizens can't be stopped from travelling abroad unless facing cognisable offence: Delhi High Court

Read Order

Justice Mukta Gupta said that a LOC of "intimation" was meant to ensure that the investigating agency is kept in the loop about the departure or arrival details of the individual.

It is evident that unless a citizen is suspected to be involved in the commission or facing investigation or trial on the accusation of offences, which are cognizable under the Indian Penal Code or other statutes, the citizen can neither be detained, arrested or prevented from leaving the country and the originating agency can only seek intimation of his arrival and/or departure.” 

It is well settled that what cannot be done directly, cannot be done indirectly.” Justice Gupta 

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