SHASHIKANTH DESHMUKH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The short grievance of the petitioner is as to rejection of his application for traveling abroad on an invitation from Russian Hospital Group. Learned counsel for the petitioner seeks to favour the impugned order mainly on two grounds viz., the order is not a speaking order and denial could not have been made when there is already permission granted by the CBI Special Court. He also points out that right to travel abroad is a facet of fundamental right guaranteed under Article 21 of the Constitution in the light of decision in MANEKA GANDHI vs. UNION OF INDIA , AIR 1978 SC 597.

(2.) Learned AGA appearing for the respondents oppose the writ petition making submission in justification of the impugned order. He contends that traveling abroad when person is involved in criminal case has many repercussions. The person concerned has to obtain permission of the court and secondly he has also to obtain permission of the Central Government under Sec. 6 of the Foreign Contribution (Regulation) Act, 2008. The 2nd respondent has denied permission to travel because petitioner is facing a trial in a criminal case and in a disciplinary proceeding as well. So contending he seeks dismissal of writ petition.

(3.) Having heard the learned counsel for the parties and having perused the petition papers, this Court is inclined to grant indulgence as under and for the following reasons: