Delhi Court Affirms Right to Travel Abroad as Fundamental Right in Bank Fraud Case

A court in Delhi has affirmed that the right to travel abroad is a fundamental right that can only be curtailed in exceptional circumstances. 

The statement was made by Special Judge Anil Antil while granting permission to businessman Raman Sethi, who is accused in a bank loan fraud case involving Rs 135 crore, to travel to the US for his son's graduation ceremony. 

The judge emphasized that having a pending case does not disqualify an individual from enjoying their fundamental right to travel. However, Sethi was instructed not to tamper with evidence or influence witnesses.

The judge also took note of Sethi's recent successful travel to the UAE from May 6 to 12, 2023. Sethi had highlighted in his application that a Look Out Circular (LOC) had been issued against him by the Central Bureau of Investigation (CBI), despite his claim of being a whistleblower in the case.

The fraud case was initiated by Union Bank of India against PCL Oil & Solvents Ltd, a company, and its directors/guarantors for defaulting on a loan. The CBI alleged that the accused company and individuals had misappropriated funds totaling Rs 135.5 crore by manipulating the company's financial records between 2012 and 2020.

The CBI opposed Sethi's request to travel abroad, citing the early stage of the investigation. However, the court granted him permission while emphasising the significance of the right to travel abroad and the absence of exceptional circumstances in this case.

By permitting Sethi to go to the United States to attend his son's graduation ceremony and still requiring him to fulfil his legal obligations in the case, the court has reaffirmed the importance of the ability to travel abroad as a fundamental right.

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