Persons on lookout notice can travel abroad, says Madras HC

CHENNAI: The Madras High Court held that an accused slapped with a lookout notice by any investigation agency, can travel to foreign land as it is their fundamental right to grow and prosper in life. The court said that until such time the notice can be suspended.

This is not the case first of its kind, there have been incessant lectures by the courts to the executives, but like a bad student, they come before the court yet again for another lecture, wrote Justice N Seshasayee, while allowing two accused persons to travel abroad.

The prosecution can persecute any citizen's fundamental right to travel, the judge raised the question while delivering the judgment.

The judge heard a batch of two petitions moved by Pathen Apser Hussen and Jeevanandam Rajesh who were booked by the CBI in two different cases.

In 2020 CBI issued a lookout notice and restrained them from travelling to any foreign countries.

Owing to the lookout notice both the petitioners couldn't travel to any foreign countries to thrive in their business. Hence, they moved the High Court for relief.

After hearing the case, the judge held that though the petitioners are accused of committing certain offences, they have absolute freedom to exercise all their fundamental rights.

Restraining the petitioners from travelling abroad cannot go on infinitely as it is their fundamental right, held the judge and allowed them to travel to foreign lands. The judge suspended the lookout notice issued by the CBI.

The court imposed conditions on the petitioners to travel by directing them to submit a fresh schedule of their travel plan to their respective trial Courts and the CBI. It also directed them to pay Rs 10 lakh as personal bond and another Rs 10 lakh as surety from relatives.