Calcutta High Court Allows Accused In 2019 Jaguar Crash Case To Travel To Saudi Arabia For Umrah

The Calcutta High Court on Wednesday set aside the order of a trial court which had rejected the application of an accused for visiting Mecca to perform Umrah during the month of Ramzan. 

Justice Bibek Chaudhuri said a person cannot be refused permission to offer prayers at a holy place of their religion just because he once performed "Umra Haj" in the year 2018.

"If this ground is accepted, as a logical corollary it would mean that a person of any religion cannot offer his prayer or puja if it is once performed by him," said the court. 

The petitioner-accused had approached the trial court for permission to travel outside the country for Umrah during the period between April 1 and April 24. Raghib Parwez, the petitioner is accused in a case registered by Shakespeare Sarani Police Station in 2019 in connection with the death of two Bangladeshi nationals who died as a result of the accident in which a Jaguar car hit a Mercedes car. 

 The trial court on April 4 rejected the prayer of the petitioner, saying that he already had visited the city of Mecca in  2018.

The trial court relied upon the judgements of the Supreme Court in Maneka Gandhi v. Union of India & Anr (1978) 1 SCC 248; Satwant Singh Sawhney v. D. Ramarathnam & Ors. AIR 1967 SC 1836 and Satish Chandra Verma v. Union of India & Ors MANU/SC/0826/2019 to support its decision.

Justice Chaudhuri observed that the decisions relied on by the trial court were related to different aspects where the passport of a person was seized or under the direction of the court it was surrendered before the judicial authority.

“In the instant case, the accused is on bail and no such condition is imposed upon him,” Justice Chaudhuri noted.

The court held that the reason stated by the trial court that the petitioner had previously once performed "Umra Haj" cannot be a ground to deny him the opportunity to offer prayer at a holy place of his religion.

Thus, the court set aside the impugned order dated and permitted the petitioner to visit Mecca to perform Umrah.

It further directed the Investigating Officer to release the passport of the petitioner.

“The petitioner is directed to return and appear before the Trial Court by 27th April, 2023,” the court added.

Case Title: Raghib Parwez v. State of West Bengal

Citation: 2023 LiveLaw (Cal) 92

Coram: Justice Bibek Chaudhuri

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