S D SHARMA Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) This petition has been filed under Article 226 and 227 of Constitution of India read with Section 482 of Cr.P.C. seeking issuance of a writ of certiorari against respondents that they should be directed not to interfere or tinker with the fundamental right of the petitioner to do business or profession of providing consultancy services of immigration visa, permanent residence, job visa, etc. and to provide police protection to the petitioner and his family members.

(2.) Petitioner is the proprietor of M/s. Real Services Inc. The petitioner claims that he studied immigration law of UK, USA, Canada and Australia and visited these countries and has liaison and contact with more than 100 leading professional law firms. He made association agreement with these law firms and he started providing immigration consultancy service in India to the persons who were interested to migrate to these countries, in respect of immigration law. The petitioner used to charge his professional fee for providing services in respect of visa and other counseling to his clients. He hired well educated counselors. His 95% of clients were satisfied with the services. The petitioner has given in detail how he used to work and has also placed on record documents concerning his firm and working.

(3.) I consider that the petitioner has a fundamental right to provide consultancy services to the people desirous of obtaining his consultancy. The police shall not obstruct the petitioner from continuing his consultancy services, unless there is a law prohibiting the profession being done by the petitioner. None of the respondents has right to obstruct the petitioner from continuing his business in a lawful manner. It is, therefore, directed that none of the respondents shall physically obstruct the petitioner from carrying out his consultancy services. However, in case the petitioner commits any offence, law will take its course.