Allahabad High Court
Mohammad Rafi Ahmad vs U.O.I. Thru. Its Secy. Ministry Of ... on 6 March, 2025
Author: Saurabh Lavania
Bench: Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2025:AHC-LKO:13617 Court No. - 12 Case :- APPLICATION U/S 482 No. - 1638 of 2025 Applicant :- Mohammad Rafi Ahmad Opposite Party :- U.O.I. Thru. Its Secy. Ministry Of External Affairs New Delhi And 2 Others Counsel for Applicant :- Zia Ul Qayuim,Mohd Ashif Khan,Syed Mohd. Afzal Counsel for Opposite Party :- A.S.G.I.,G.A. Hon'ble Saurabh Lavania,J.
Heard Sri Zia Ul Qayuim Jilani, Advocate holding brief of Huzoor Alam Alvi, learned counsel for the applicant and learned counsel for the State and perused the record.
The present application has been filed by the applicant for the following main reliefs:-
"For the facts, reasons and circumstances as stated in the accompanying affidavit, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash/set aside the impugned order dated 11.02.2025 arising out of S.T. No- 1063/2019 Under Sections: 323,325,427,504,506 IPC Police Station Kakori District: Lucknow (contained as Annexure No. I to the accompanying affidavit of this application) passed by the learned court of Additional District & Sessions Judge, Court No-10, Lucknow which is patently illegal and unwarranted, being inconsistent with the law laid down by the Hon'ble Supreme Court in Menaka Gandhi versus Union of India (1978) 1 SCC 248, Vangala Kasturi Rangacharyulu versus Central Bureau of Investigation in Criminal Appeal No- 1342 of 2017 and by the Hon'ble High Court of Allahabad reported in Basoo Yadav versus Union of India & others in Writ-C No-29605 of 2022, Kashif Ahmad versus Union of India & others in Criminal Misc. Writ Petition No 2067 of 2024, Ms Sapna@Sapna Chaudhary versus State of U.P. & Another Application U/S 482 No-2713 of 2024, Umapati versus Union of India & others in Writ-C No-5587 of 2024 and, to comply with the guidelines issued by the Ministry of External Affairs, New Delhi dated 10.10.2019 and to issue an order commanding the O.P. No-2 as not to create any hindrance in the travel of the applicant, by considering the larger mandate of Article 19 and 21 of the Constitution of India and similar treatment may also be extended to the applicant.
It is further prayed that the applicant be permitted to Travel abroad to the holy city of Makkah and Madina in Kingdom of Saudi Arabia to perform his pious religious obligation and essential religious practice of performing 'Umrah in the Holy month of Ramazan probably starting from 28.02.2025 till 29.03.2025 in light of the judgement and order of this Hon'ble Court in Application u/s 482 No-7002 of 2024 titled Rukhsana Khatoon versus State of U.P. & Another."
Learned 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 Hon'ble 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. Reference can be made to the judgment passed in the case of Maneka Gandhi vs. Union of India, AIR 1978 SC 597 and Parvez Noordin Lokhandwalla vs. State of Maharashtra and another, (2020) 10 SCC 77.
He further submitted that the reasoning given by Court concerned in the order impugned dated 11.02.2025 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 impugned dated 11.02.2025.
He further 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 minor pilgrimage while 'Hajj' is the main pilgrimage. 'Umrah' is considered as a journey to holiest place of Muslim's and a journey of devotion to Allah.
Taking note of aforesaid including the age of the applicant, this Court is of the view that the applicant be permitted to visit Saudi Arabia for 'Umrah'.
Accordingly, the order dated 11.02.2025 is hereby set-aside. 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 member 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 party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
The instant application is allowed in above terms.
Order Date :- 6.3.2025 Jyoti/-