'Travelling Abroad A Valuable Fundamental Right': Delhi Court Allows Bizman to Attend Son’s Graduation Ceremony

A Delhi Court recently observed that the right to travel abroad is a valuable fundamental right and can be curtailed only under exceptional circumstances.

While allowing a businessman accused in an alleged Rs 135 crore bank loan fraud, to travel to the US to attend the graduation ceremony of his son, Special Judge Anil Antil of Rouse Avenue Court, Delhi, said, “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 present application is allowed.”

The court allowed Raman Sethi to travel to the US from June 12 to June 30 and directed him not to tamper with the evidence or try to influence the witnesses in any manner.

The judge in its June 9 order also noted that the accused had travelled to the UAE from May 6, 2023 to May 12, 2023 and returned successfully.

In the application to travel abroad, the applicant had submitted that a Look out circular (LOC) was issued against him by the CBI, even though “he and his family members were a whistle blower in the present case”.

The case was filed on a complaint by the Union of India against a company, PCL Oil & Solvents Ltd, and its Directors/Guarantors for defaulting on payment of loan amount. The CBI had alleged that the accused company and some unknown persons including the public servants had defrauded a group of banks led by Union Bank of India and obtained significant loans totalling Rs 135.5 crore between 2012 and 2020.

The CBI also claimed that the company had purposefully and knowingly falsified its books of accounts in order to syphon off and misappropriate the said funds. The agency opposed Sethi’s travel abroad application and argued that the investigation is at preliminary stage and if the permission at this stage is granted, there is every possibility that he may flee from country and his probability of not returning to India cannot be ruled out.