Karnataka Bitcoin Scam: Brother Of Accused Sirkrishna Moves High Court Against Restriction On Foreign Travel, Notice Issued

Justice Krishna S Dixit issued the notice. Senior Advocate Vikram Huilgol, appearing for the petitioner, had argued that the action deprives the petitioner of his current job prospects overseas and thereby deprives him of his income and livelihood.

The petition states that Sudarshan is a Mechanical Engineer and employed at Brunel, based in Eindhoven, Netherlands. As his father was suffering from illness and was hospitalised he had arrived in India on August 12, 2021. He is the only earning member of the family. Further, it is said that the condition of his employment is such that he is required to work overseas and to return to the Netherlands within six months of staying outside, for renewing his work permit.

It is stated that his permissive tenure for extending his stay outside the Netherlands expires on January 27. Therefore, in order to resume his work permit he should have reached the Netherlands by January 19. Accordingly, on January 13, he reached the Bangalore International Airport and complied with the requisite immigration protocol. However, before he could board the flight, the authorities restrained him from proceeding further.

Thereafter, an endorsement was affixed on the petitioner's passport for cancellation. It is said in the plea, the petitioner was not given any prior intimation on the said travel restriction, the action of the respondent authorities is wholly contrary to the principles of natural justice.

Further, it is claimed that the action is in violation of the petitioner's Fundamental rights to life and livelihood. It is also said that, "Authorities on the mere suspicion of the petitioner in the alleged scam without incriminating material having been recovered during the investigation have imposed a travel restriction which is ex-facie, erroneous and liable to be set aside."

The plea prays for quashing the impugned endorsement dated January 13 and all subsequent action taken thereafter which can have the effect of creating hindrance in the petitioner's employment prospects. Further to direct the respondent to permit the petitioner to travel for the purpose of employment.

Case Title: Sudarshan Ramesh v. Union Of India

Case No: WP 1730/2022