Directorate of Enforcement Vs Lalit Goyal (Punjab and Haryana High Court)
The Punjab and Haryana High Court dismissed a petition filed by the Directorate of Enforcement (ED) against Lalit Goyal. The ED challenged a Special Judge’s order that granted Goyal permission to travel to the USA for nine days. Goyal’s counsel informed the court that the petition had become ineffective as Goyal had already completed his travel for an eye treatment and returned. Consequently, the court dismissed the ED’s petition, ruling it as “infructuous” since the matter was no longer active.
Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 empowers a competent judicial authority to regulate the movement or travel of individuals involved in ongoing investigations or proceedings under the Act. Specifically, it allows a court to grant or restrict permission for a person to travel, including abroad, while ensuring that such liberty does not hinder the investigation, trial, or enforcement of legal obligations. The provision is typically invoked when a respondent seeks temporary permission for purposes such as medical treatment, education, or official work, and includes safeguards such as furnishing bail, surety bonds, or adhering to conditions imposed by the court. The section balances individual liberty with the State’s interest in securing compliance with legal processes and preventing obstruction of justice.
