New Delhi: The Supreme Court Monday orally remarked that travelling abroad is also a right unless there is reason to believe that the accused will abscond while directing the Enforcement Directorate (ED) to inform it about whether a look-out-circular (LOC) has been issued against TMC MP Abhishek Banerjee and his wife Rujira Banerjee in relation to money laundering cases linked to an alleged coal scam in West Bengal.
A bench comprising justices Sanjay Kishan Kaul and Sudhanshu Dhulia queried the ED on whether there was a need to issue a look-out-circular (LOC) against Banerjee. During the hearing, the Supreme Court orally remarked that travelling abroad is also a right unless there is reason to believe that the accused will abscond.
The bench pointed out that when central agencies issue LOCs to restrict travel unnecessarily, it leads to a multiplicity of proceedings and asked Additional Solicitor General S V Raju, representing the ED, to furnish the information, while it was hearing a plea by Banerjee and his wife to travel abroad. The bench noted that the investigation is pending, "you call him as and when required and on what basis have you issued a lookout notice against them?"
Senior advocate Kapil Sibal, representing the couple, contended that the TMC MP is slated to travel abroad later this month for medical reasons and stressed that they travelled abroad earlier and returned, which did not create any problem in the investigation. The bench asked the ED counsel that since they have been out of the country for medical treatment, why should they not be permitted to travel abroad again?
Raju said he would need to take instructions in the matter and the apex court adjourned the case till Friday. Banerjee’s wife was allegedly stopped from boarding a UAE-bound flight on June 5 citing a LOC by ED, which asked her to appear before the agency.
