Delhi High Court Allows US National Convicted Under POTA, Sedition To Travel Abroad For Visiting Ailing Father

The Delhi High Court recently allowed a US national, who was convicted in 2003 under the POTA Act and for the offence of Sedition under IPC for being member of the banned outfit SIMI, to travel abroad for four weeks to visit his ailing father in Chicago.

“Accordingly, we allow the applicant/appellant to travel to Chicago, U.S.A. for the abovementioned purpose for the period of 4 (four) weeks from the date he actually departs from Delhi,, subject to furnishing a personal bond in the sum of Rs. 1,00,000/- in respect of him with the Surety Bond of like amount each to be furnished by his wife, two sons and one daughter with the Register General of this Court,” a division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna said.

Mohd. Yasin Patel was convicted in July 2003 for the offences punishable under Section 20 of Prevention of Terrorism Act and Section 124-A of the Indian Penal Code.

He was arrested from a road near Jamia Milia Islamia University library in 2002 where he was found sticking posters carrying the words “Destroy Nationalism Establish Khilafat” accompanied by a picture of a closed fist. Patel was sentenced to five years and seven years for the two offences respectively. 

However, the Court suspended the sentence in August 2004 and ordered his release by directing that he shall not leave the limits of Delhi without prior permission of the Court. 

An application was moved by Patel seeking permission to travel to Chicago, USA on the ground that his father, 89 years old, was suffering from various old-age ailments. He undertook to return to India within the time limit to be granted by the Court. It was also undertaken that he shall not seek any further permission on whatsoever ground.

A query was put by the Court to the Additional Public Prosecutor as to whether any photograph or video was made while Patel was found pasting the poster on the wall, to which he replied in the negative.

“It is not in dispute that vide Order dated 08.12.2022 passed in CRL.M.A. 22880/2022, the applicant/appellant was allowed to travel to Chandpur, Uttar Pradesh (native place), Kanpur, Uttar Pradesh and Dehradun, Uttarakhand. Vide Order dated 08.04.2005 passed in CRL.M.A. 1086/2005, the applicant/appellant was also allowed to visit Ahmedabad, Gujarat for a period of two weeks. He further concedes that whenever the applicant/appellant was granted permission to leave the territory of this country or jurisdiction of this Court, he has never violated the conditions imposed by this Court,” the bench further noted.

While granting the relief, the Court clarified that if Patel does not return to India within time, the personal surety bonds shall be forfeited and a Look-Out Circular (LOC) shall be issued against his wife, two sons and one daughter, who all happen to be citizens of India except the younger son.

“The Prosecution is directed to release the passport of the applicant/appellant within two days. The applicant/appellant shall get the ticket booked to Chicago, U.S.A. within one week thereafter,” the Court said.

It added, “Since, the applicant/appellant is an American citizen and is holding American passport, he is directed to apply for VISA for his return to India. Thereafter, he shall submit the itinerary of his visit to Chicago, U.S.A. along with his address and phone number to the concerned Police Station/Investigating Agency through learned Additional Public Prosecutor appearing in the present application.”

Case Title: MOHD. YASIN PATEL ALIAS FALAHI v. STATE

Citation: 2023 LiveLaw (Del) 652

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