Stressing that the right to travel abroad is an integral part of the right to life and personal freedom guaranteed under Article 21 of the Constitution, Justice Sachin Datta held that the continued operation of the district court against the petitioners was an unreasonable restriction on their fundamental rights. The high court noted that the investigation against the couple has been pending for more than five years and during this period, the petitioners have never tried to evade legal proceedings or even filed a charge sheet.“While this Court is aware of the complexities that may arise in investigations involving cross-border financial transactions, the fact remains that the fundamental rights of the petitioners cannot be indefinitely curtailed as the investigation process is lengthy and uncertain… A LOC of such a long duration, especially when the petitioners have not been summoned for several years and there is no charge of non-cooperation, cannot be sustained,” it noted.
