To perform the Umrah pilgrimage, the Lucknow Bench of the Allahabad High Court has permitted a woman accused in a cheating and forgery case to travel to Saudi.
A Single Bench of Justice Saurabh Lavania passed this order while hearing an application under section 482 filed by Rukhsana Khatoon.
By means of the application, the applicant has assailed the order dated 20.03.2024 passed by the Additional Chief Judicial Magistrate, CBI, Lucknow in Criminal Case under Section 419, 420, 467, 468, 424, 275 and 34 IPC, P.S-Thakurganj, District-Lucknow on the application dated 13.03.2024 preferred by the applicant seeking permission to travel abroad to perform ‘Umrah’.
Counsel for the applicant submitted that the manner in which the trial court has rejected the application of the applicant seeking permission to visit abroad for performing ‘Umrah’ is unsustainable in the eye of law, as it is against the settled preposition of law including the law laid down by the Apex Court in this regard whereby the Hon’ble Apex Court observed that right to travel abroad is covered under Article 21 of the Constitution of India.
He further submitted that the reasoning given by Court concerned in the order impugned dated 20.03.2024 to the effect that according to religious belief, it is necessary to any person to perform only ‘Hajj’ and going on ‘Umrah’ is not such an essential act even from the religious point of view, is completely misconceived. However, the same was taken note of while passing the order dated 20.03.2024.
He also submitted that the applicant is ready to furnish heavy surety including the surety to the tune of Rs 5 lakh each. Considered the aforesaid. ‘Umrah’ is a journey to Muslim’s most sacred place.
‘Umrah’ is known as a minor pilgrimage while ‘Hajj’ is the main pilgrimage. ‘Umrah’ is considered as a journey to the holiest place of Muslim’s and a journey of devotion to Allah.
Taking note of aforesaid including the age of the applicant, the Court is of the view that the applicant be permitted to visit Saudi Arabia for ‘Umrah’.
Accordingly, the Court set aside the order dated 20.03.2024.
“The applicant is permitted to visit abroad for performing ‘Umrah’ subject to furnishing her personal bond and two sureties of Rs 5 lakh each of family members to the satisfaction of Magistrate/ Court concerned.
The applicant shall also file an affidavit of undertaking indicating therein the reasonable period for visiting Saudi Arabia for ‘Umrah’ and also that she will not raise any objection during or after trial if any evidence is adduced by the prosecution in her absence during the said period”, the order read.
Accordingly, the Court allowed the application.