'Umrah' Is A Journey Of Devotion To Allah: Allahabad HC Permits Woman Accused In A Cheating Case To Travel To Saudi Arabia

“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,” a bench of Justice Saurabh Lavania observed in its order.

The Court allowed the plea of one Rukhsana Khatoon, who had moved the Court challenging an order of the Additional Chief Judicial Magistrate, CBI, Lucknow, rejecting her application seeking permission to travel abroad to perform 'Umrah'.

While rejecting her application, the Lucknow court observed that performing 'Hajj' and going on 'Umrah' is not an essential act from a religious point of view.

Challenging the said order, Khatoon, facing a criminal case under Sections 419, 420, 467, 468, 424, 275 and 34 IPC, had moved the HC.

Hearing her plea, the High Court opined that she could be permitted to visit Saudi Arabia for 'Umrah'. Accordingly, the order of the Lucknow Court was set aside.

The Court permitted her to visit abroad to perform 'Umrah', subject to furnishing her bond and two sureties of Rs. 5 lakh for each family member to the satisfaction of the Magistrate/Court concerned.

The Court further asked her to file an affidavit of undertaking indicating therein the reasonable period for visiting Saudi Arabia for 'Umrah' and 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.

Appearances

Counsel for Applicant: Saquib Zia Khan, Huzoor Alam Alvi

Case title - Rukhsana Khatoon vs. State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Govt. Lko. And Another 2024 LiveLaw (AB) 499

Case citation: 2024 LiveLaw (AB) 499

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