• Can I travel abroad with court order

I was notified that I have an LOC pending issued by SP office when I reached Mumbai airport from UK. Initially I was told by immigration police that I will be detained and arrested but later they had a communication with SP Office and came to know that no arrest warrant was issued and they informed me that once they get a mail communication from SP Office they will allow me to travel on my own. 
Once getting mail from SP office they handed me the passport and left me to travel on my own. Immigration police asked me to write a letter that I will be attending court.

Later I went and surrendered myself in court and got a court order that I will be released and I should attend all court hearings and there was no travel or any other conditions imposed on the order.

1. My question is what would have been the communication shared to immigration from SP OFFICE?

2. Am I eligible to travel with the court order which never mentioned about any travel restrictions. 

3. Is my LoC revoked or lifted? Since after getting mail from SP OFFICE they allows me to travel by myself. If while travelling again is the court order which never stated about any conditions or restriction on travel is fine? Am I be allowed to travel back and forth to attend my hearings. Since my next hearing is in two months time.

4. If again stopped by immigration? How should I handle the situation?
Asked 7 months ago in Criminal Law
Religion: Christian

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7 Answers

You ate at liberty to travel abroad 

 

2) however carry certified copy of court order with you 

 

3) if you are stopped by immigration produce certified copy of court order 

 

4)as on date there is no bail able nor non bail able warrant issued against you so no restrictions are n your travel 

Ajay Sethi
Advocate, Mumbai
97431 Answers
7872 Consultations

1. We cannot predict the details of communication between the police officer and the immigration officer, it is their official information, as your purpose is solved do not indulge in such activities which will be detrimental to your own case.

2. As there is no travel restriction you may travel abroad but you must make sure that you are present before court on the court hearing dates.

3. If you are again stopped by immigration department at airport then you may understand taht the LOC has not been removed, in that circumstance you may have to obtain permission from court to travel abroad

T Kalaiselvan
Advocate, Vellore
87627 Answers
2352 Consultations

Dear Client, 

Communication from the SP Office to Immigration

The communication from the SP Office to the immigration authorities likely clarified your legal status and confirmed that no arrest warrant was issued against you. This would have reassured the immigration officials that, while an LOC was active, it did not necessitate immediate detention or arrest. The SP Office might have also communicated any specific instructions, such as your requirement to attend court hearings, which allowed the immigration officials to proceed accordingly.


Eligibility to Travel with Court Order

Since the court order explicitly states that you should attend all court hearings and does not impose any travel restrictions, you are generally eligible to travel. The court's lack of mention regarding travel restrictions implies that you are free to travel, provided you return for your court hearings. Always carry a copy of this court order when traveling to demonstrate your compliance with legal requirements.

Status of Your LOC

The fact that you were allowed to travel after the SP Office communicated with the immigration officials suggests that the immediate concerns of the LOC were addressed, at least temporarily. However, this does not necessarily mean the LOC is revoked or lifted permanently. The LOC may still be active, and its enforcement could vary depending on the specifics of your case and the instructions from the SP Office.

-Travel Preparations: Keep Documentation: Always take a copy of the court mandate with you when traveling. This will be important in demonstrating that you are following the court's orders. Legal Disclaimer: Check with your attorney before traveling to make sure you do not have anything pending that may interfere with your travel plans.

-If Stopped by Immigration: Court Order: A court order which says that no implied order not to travel Inform them all you are doing is complying with the court order by going to all court hearing

-Talking: You ask for immigration staff members to check in with the SP Office or elsewhere to confirm your status. 

Hope this helps!

Anik Miu
Advocate, Bangalore
10355 Answers
121 Consultations

Dear Sir 

As per your narration above , you seem to be eligible to travel with the court order  as it never mentioned about any travel restrictions. 

If any situation arises , you may have to show the court orders or reach out to higher officer for clearance. 

Harshita Shah
Advocate, Bangalore
37 Answers

Yes you can travel just keep a evidence with your for lifting of your loc with you always 

Prashant Nayak
Advocate, Mumbai
32810 Answers
209 Consultations

`You are on bail, now communication shared to immigration from SP OFFICE has no value. 

You can travel abroad. 

Yogendra Singh Rajawat
Advocate, Jaipur
23009 Answers
31 Consultations

- As per law, it is mandatory that the accused should be informed for the LOC notice has been issued against him, but generally an accused person comes to know about such notice only when he is stopped or arrested by the immigration authorities at the airport.

- Since, you have duly appeared before the court, it means that there is no arrest warrant & LOC issued against you , and if NBW was issued then it is already cancelled by the said Court due to your presence before the court. 

1. You should get a certified copy of the said order passed by the Court , and submit the copy of the same in the office of SP.

2. Yes

3. Yes, you are free to travel , and the police official /immigration official cannot refuse to comply the court order. 

4. Must have certified copy of the court order and give a copy of the same to the SP office before travelling for updation in the record. 

Mohammed Shahzad
Advocate, Delhi
14737 Answers
224 Consultations

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