The Allahabad High Court has granted permission to Rukhsana Khatoon, an accused in a cheating and forgery case, to travel to Saudi Arabia for the Umrah pilgrimage.

The Single-Judge Bench of Justice Saurabh Lavania observed that Umrah, though a minor pilgrimage compared to Hajj, is a journey of significant religious devotion for Muslims.

"'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," the Bench said.

Khatoon had approached the High Court after the Additional Chief Judicial Magistrate, CBI, Lucknow, dismissed her application to travel abroad, stating that performing Umrah is not an essential religious act. Challenging this decision, Khatoon, who faces charges under multiple sections of the Indian Penal Code (IPC), including cheating and forgery, sought the High Court's intervention.

The impugned order dated March 20, 2024, stated 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.

The Court set aside the Trial Court's order, allowing Khatoon to perform Umrah. The Court stipulated that she must furnish a bond and two sureties of Rs. 5 lakh each for every family member accompanying her.

"Accordingly, the order dated 20.03.2024 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 Court ordered.

Additionally, Khatoon was required to submit an affidavit of undertaking, specifying the duration of her stay in Saudi Arabia and agreeing not to contest any evidence presented during her absence in the ongoing trial. "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 Court said.

Furthermore, the Court directed, "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." Accordingly, the Court allowed the application.

Cause Title: Rukhsana Khatoon v. State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Govt. Lko. And Another [Neutral Citation No. 2024:AHC-LKO:55083]

Appearance:-

Applicant: Advocates Huzoor Alam Alvi, Zeeshan Alvi

Click here to read/download the Order


Justice Saurabh LavaniaAllahabad High Court

Sukriti Mishra