In a notable legal ruling, the Allahabad High Court has granted permission to Rukhsana Khatoon, facing charges of cheating and forgery, to travel to Saudi Arabia for the Umrah pilgrimage. This decision overturns an earlier rejection by a Lucknow court, which had ruled that Umrah was not an essential
In a significant legal development, the Allahabad High Court recently ruled in favor of Rukhsana Khatoon, an accused in a cheating and forgery case, allowing her to travel to Saudi Arabia for the purpose of performing the Umrah pilgrimage. This decision came as a reversal of a previous order by the Additional Chief Judicial Magistrate, CBI, Lucknow, which had denied her permission to undertake the journey on religious grounds. The High Court’s ruling emphasized the importance of religious observances while balancing legal obligations.
Case Background and Initial Order:
- Rukhsana Khatoon is facing criminal charges under various sections of the Indian Penal Code (IPC), specifically Sections 419, 420, 467, 468, 424, 275, and 34.
- She had filed an application before the Additional Chief Judicial Magistrate, CBI, Lucknow, seeking permission to travel abroad to perform the Umrah pilgrimage in Saudi Arabia.
- The Lucknow court rejected her application, asserting that “performing Hajj and going on Umrah is not an essential act from a religious point of view.”
Appeal to the Allahabad High Court:
- Following the rejection of her application, Khatoon approached the Allahabad High Court to challenge the decision of the Lucknow Court.
- A bench led by Justice Saurabh Lavania heard her plea, where Advocate Saquib Zia Khan and Advocate Huzoor Alam Alvi, appeared on behalf of Khatoon.
High Court’s Observation and Ruling:
- In its ruling, the High Court underscored the significance of Umrah as “a journey to the Muslim’s most sacred place” and stated that “Umrah is known as a minor pilgrimage while Hajj is the main pilgrimage.”
- The Court further elaborated that “Umrah is considered as a journey to the holiest place of Muslims and a journey of devotion to Allah.”
- Consequently, the High Court overturned the earlier decision of the Lucknow Court and permitted Khatoon to travel abroad to perform Umrah.
Conditions Imposed by the High Court:
- The Allahabad High Court set forth specific conditions for Khatoon‘s travel:
- She must furnish a bond along with two sureties of ₹5 lakh each for every family member, to the satisfaction of the Magistrate/Court concerned.
- Khatoon is required to file an affidavit of undertaking, specifying a reasonable period for her visit to Saudi Arabia.
- The affidavit must also state that she will not object during or after the trial if any evidence is presented by the prosecution in her absence during the pilgrimage.
