CHENNAI: The Madras High Court has observed that the lookout notice issued against persons facing criminal cases interferes with the fundamental right of travel and life and liberty. The court also made certain suggestions to allow such people to travel abroad with stringent conditions to ensure their return to the country. Justice N Seshasayee made the observations while allowing pleas of Pathan Apser Hussen and Jeevanandam Rajesh, who are facing prosecution initiated by the CBI.
Hussen was booked for helping a company to create shell companies while the other person was arraigned in a bank fraud case.
Each of the petitioners in these cases are professionals and have come under the shadow of criminality, yet they are only accused of committing certain offences. And in law, they are still presumed to be innocent, the judge said.
“And, the lookout notice which is slapped by the prosecution has restrained them from travelling abroad for over five years, and very evidently, has interfered with their fundamental right to travel and necessarily their right to grow and prosper, and consequently their right to life and liberty,” he said in the order. He added, “This cannot be let go on infinitely.”