Bombay High Court
Gaurav Tayal vs Bureau Of Immigration And 2 Ors on 5 December, 2019
Author: R. I. Chagla
Bench: S. C. Dharmadhikari, R. I. Chagla
907-WPL.3288.2019.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L) NO. 3288 OF 2019
Gaurav Tayal } Petitioner
versus
Bureau of Immigration }
and Ors. } Respondents
Mr.G.S.Godbole with Mr.Pratyush Ranjan and Mr.Yash
Jain i/b. Halai and Co. for the petitioner.
Mr.Dhanesh R. Shah for respondent nos. 1 and 3.
Mr.Ravi Kadam i/b. Ms.Vaishali Bhilare and
Mr.Niranjan Tiwari for respondent no.2.
CORAM :- S. C. DHARMADHIKARI &
R. I. CHAGLA, JJ.
DATED :- DECEMBER 5, 2019 P.C. :-
1. Having heard both sides and finding that there is an arguable case made out, the writ petition deserves to be admitted.
2. Hence, Rule. Respondents waive service.
3. In the light of the additional affidavit filed by the petitioner and particularly the assertion in para 4 of this additional affidavit, a strong prima facie case is made out for grant of interim relief.
Even the balance of convenience is in favour of the petitioner. All the more, when he is ready and willing to disclose his travel Page 1 of 2 J.V.SALUNKE,PS ::: Uploaded on - 05/12/2019 ::: Downloaded on - 06/12/2019 03:57:50 ::: 907-WPL.3288.2019.doc programme and full itinerary. In these circumstances, irreparable harm, injury and loss will be caused to him in the event he is restrained from travelling abroad, when such a liberty is inherent and implicit in Article 21 of the Constitution of India. That guarantees life and liberty to an individual which is much more than mere survival.
4. In the circumstances, there would be an ad-interim order in terms of the bracketed portion of prayer clause (c), which reads as under:-
"(c) (That pending the hearing and final disposal of the petition, the operation, effect and implementation of the impugned LOC be stayed) and/ or the Petitioner be allowed to travel abroad as and when the same is required by the Petitioner."
5. The petitioner to disclose his travel programme with full details, including the date of journey and return to India on an affidavit to be filed in this court before the journey is undertaken. (R.I.CHAGLA, J.) (S.C.DHARMADHIKARI, J.) Page 2 of 2 J.V.SALUNKE,PS ::: Uploaded on - 05/12/2019 ::: Downloaded on - 06/12/2019 03:57:50 :::