Delhi High Court: An application was filed under Section 482 of Criminal Procedure Code (CrPC) on behalf of the applicant seeking necessary permission to the applicant to visit Makka-Madina at Saudi Arabia to perform Umrah and for necessary directions to the Regional Passport Officer, New Delhi to issue a passport in favour of appellant. Swarana Kanta Sharma, J., allowed the present application and directed that the passport of the appellant be renewed by the passport office concerned, as per applicable rules and the applicant is permitted to go abroad for a period of one month to Saudi Arabia for performing Hajj/Umrah pilgrimage.
The applicant in this case had been convicted of offences under Section 29 read with Section 21(c) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The judgment for this conviction was delivered on 25-08-2010, by the Trial Court. Subsequently, the appellant was sentenced to undergo rigorous imprisonment for 11 years and 6 months, along with a fine of Rs. 2,00,000/-. Additionally, the appellant was convicted under Section 25A of the NDPS Act and sentenced to undergo rigorous imprisonment for 5 years, with a fine of Rs. 50,000/-. After serving approximately 10 years and 3 months of the sentence and paying the imposed fines, the appellant filed an appeal against the conviction before the High Court. Thus, the applicant filed an application under Section 482 of the Code of Criminal Procedure seeking permission to visit Makka-Madina in Saudi Arabia to perform Umrah.
Counsel for applicant argued that the applicant, aged about 73 years old, complied with the conditions imposed on him upon suspension of his sentence, including surrendering his passport. The applicant wanted to fulfill his religious obligation of performing Umrah in the first week of February 2024. It was further stated that the applicant had applied for the reissue of his passport to facilitate this pilgrimage.
The Court analyzed the provisions of the Passports Act, 1967, particularly Section 6(2), which outlines the grounds for refusal of passports. It noted that refusal to issue a passport could be based on the applicant’s past conviction for morally reprehensible offences or if criminal proceedings were pending against the applicant. The court also referred to a previous case, Sabir v. State (NCT of Delhi), 2023 SCC OnLine Del 4116 which discussed the interplay between different clauses of Section 6(2) in relation to pending criminal proceedings and concluded that the appellant’s situation fell within the purview of clause (f) of Section 6(2) since his appeal against conviction was pending before the Court.
The Court remarked that “The applicant who is seeking permission to go abroad to Saudi Arabia, for the purpose of performing Hajj Pilgrimage, is aged about 73 years, and was sentenced to undergo imprisonment for a period of 11 years 6 months, had already undergone a period of 10 years 3 months in judicial custody, before his sentence was suspended by this Court vide order dated 30.05.2011. The applicant has been out on bail for past more 13 years, and no adverse report has come on record that he has misused the liberty to granted to him.”
The Court further remarked that “In the present case, it is important to highlight that the applicant is around 73 years old and has expressed a strong desire to undertake the Hajj pilgrimage, a sacred obligation in the Muslim faith Understanding the significance of the Hajj pilgrimage, this Court finds it imperative to facilitate and enable him to fulfill this religious duty. The Hajj pilgrimage holds immense significance in the Islamic faith, representing one of the five pillars of Islam, and is a religious duty for every Muslim. Its importance cannot be overstated, both spiritually and culturally, for Muslims. The Court recognizes its duty to balance legal obligations with compassion, empathy, and practical understanding. This Court is not inclined to obstruct the appellant’s religious obligations solely because his appeal has been pending for years.”
Thus, the Court held that the applicant, despite his pending appeal, should be allowed to fulfill his religious obligation of performing Umrah recognizing the significance of the Hajj pilgrimage in the Muslim faith and balanced legal obligations with compassion and practical understanding. Therefore, the Court granted permission for the renewal of the appellant’s passport and permitted him to travel abroad for one month to Saudi Arabia to perform Hajj/Umrah pilgrimage, subject to following conditions:
-
The applicant shall furnish a personal bond of Rs.25,000/- with one surety of like amount to the satisfaction of concerned Trial Court;
-
The applicant shall inform the concerned Trial Court about his itinerary of travel including the date of his departure and arrival;
-
The applicant shall not exit immigration at the transit points, if any;
-
The applicant shall also file a copy of e-tickets as well as passport containing the entry regarding his visit, immediately upon return to India before the Trial Court.
[Syed Abu Ala v. NCB, 2024 SCC OnLine Del 1937, decided on 20-03-2024]
Advocates who appeared in this case :
Mr. Yogesh Saxena and Ms. Priya Saxena, Advocates for applicant
Mr. Subhash Bansal, Sr. Standing Counsel for the State with Mr. Shashwat Bansal, Advocate for respondents
Buy Code of Criminal Procedure, 1973 HERE
