Delhi High Court Permits 73-Yr-Old NDPS Convict To Travel Abroad For Performing Hajj, Says It Is Religious Duty Of Every Muslim

The Delhi High Court has permitted a 73 year old man, convicted under the NDPS Act in 2010, to travel abroad for a month to Saudi Arabia for performing Hajj or Umrah pilgrimage.

“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,” Justice Swarana Kanta Sharma said.

The court allowed the plea moved by Syed Abu Ala who was convicted for the offences under Section 29 read with Section 21(c) of the NDPS Act. He was sentenced to undergo rigorous imprisonment for 11 years 6 months along with fine of Rs. 2 lakh.

Ala was further convicted under section 25A of NDPS Act and was also sentenced to undergo rigorous imprisonment for 5 years with fine of Rs. 50,000.

He had undergone a sentence of about 10 years and 3 months and deposited the fine. His sentence was suspended in 2011, with the condition that he shall not leave Delhi and shall surrender his passport.

The prosecution opposed the application on the ground that Ala was convicted for a serious offence under the NDPS Act that his appeal was pending since long. It was contended that it would be in the interest of justice to hear the appeal in finality and the application may not be considered at this stage.

While allowing the plea, the court said that it has the power to grant exemption or no objection for the purpose of issuance or renewal of passport to Ala, whose criminal appeal was pending.

Granting relief to him, Justice Sharma directed that Ala's passport be renewed by the concerned passport office, as per applicable rules.

“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 court said.

It added: “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.”

Counsel for Petitioner: Mr. Yogesh Saxena and Ms. Priya Saxena, Advocates

Counsel for Respondent: Mr. Subhash Bansal, Sr. Standing Counsel for the State with Mr. Shashwat Bansal, Advocate

Title: SYED ABU ALA v. NCB

Citation: 2024 LiveLaw (Del) 334

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