High Court allows woman accused in cheating case perform Umrah
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Prayagraj: Observing that 'Umrah' is a journey of devotion to Allah, the Allahabad High Court allowed a woman, accused of cheating and forgery, to travel to Saudi and perform the pilgrimage, Live Law reported. "Umrah is a journey to the most sacred place in the world of Islam. 'Umrah' is known as a minor pilgrimage, while 'Hajj' is the main pilgrimage. 'Umrah' is considered as a journey to the holiest place of Muslims and a journey of devotion to Allah," the court of Justice Saurabh Lavania observed.
The petitioner, Rukhsana Khatoon, had moved the high court after the Additional Chief Judicial Magistrate, CBI, Lucknow, rejected her plea for the pilgrimage, saying that performing 'Hajj' and 'Umrah' were not an essential act from a religious point of view.
Khatoon is named in a cheating and forgery case, with IPC Sections 419, 420, 467, 468, 424, 275 and 34 IPC.
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.
After hearing her plea, the Allahabad High Court permitted her to visit Saudi for the pilgrimage, setting aside the lower court's ruling. But she was ordered to furnish bond and two suerties of Rs 5 lakh for each family member to the satisfaction of the Magistrate/Court concerned.
The high court also asked her to file an affidavit of undertaking indicating the reasonable period for visiting Saudi for 'Umrah'. She must include in that she will not raise any objection during or after trial if any evidence is adduced by the prosecution during her absence.