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Synopsis

Special Judge Vikas Dhull of Rouse Avenue Court, Delhi, on Saturday last week sanctioned Karnataka Deputy Chief Minister D. K. Shivakumar's overseas travel.

Accused in a money laundering case, Shivakumar received approval to journey to Dubai from November 29 to December 3, based on an application submitted by him.

The application stated that Shivakumar was extended an invitation by His Excellency Dr Sultan Ahmed Al Jaber, COP28 President-Designate, and Michael R. Bloomberg, United Nations Secretary-General's Special Envoy on Climate Ambition and Solution.

The purpose of the trip is to participate in the upcoming COP28 Local Climate Action Summit in Dubai, an annual international climate summit convened by the United Nations.

Despite facing accusations in the money laundering case, the application highlighted Shivakumar's past international travels and consistent return to India, asserting that he posed no flight risk. It also noted the completion of the investigation, with a prosecution complaint already filed before the court.

While granting permission for overseas travel, the court imposed specific conditions. Shivakumar is prohibited from contacting any co-accused or attempting to influence witnesses connected with the case during his travels.

Additionally, he is required to furnish a bank guarantee of Rs 5 lakh in his name before the court, submit a complete travel itinerary, and provide a reachable telephone or mobile number.

The court, in its order, emphasized the constitutional right to travel abroad as part of personal liberty under Article 21.

However, the judge underscored that this right is not unrestricted and that reasonable restrictions can be imposed, particularly during an ongoing investigation or trial, to prevent the accused from absconding.

Acknowledging Shivakumar's political standing as an eight-time MLA from Karnataka and his current role as Deputy Chief Minister, the judge deemed the likelihood of him fleeing from India as remote.

Case Title: Directorate of Enforcement v. D.K.Shivakumar and Ors.