The Calcutta High Court in the case Raghib Parwez v. State of West Bengal observed and has set aside the order passed by the trial court, wherein the court rejected the application of an accused for visiting Mecca for performing Umrah during the month of Ramzan.
The bench headed by Justice Bibek Chaudhuri in the case observed and has stated that the person cannot be refused permission to offer prayers at a holy place of their religion just because he had once performed ‘Umra Haj’ in the year 2018.
The court stated that if it being the ground then the same would mean that a person of any religion cannot offer his prayer or puja if it is once performed by him.
However, the petitioner-accused had approached the trial court for permission in order the accused can travel outside the country for Umrah during the period between April 1 and April 24. Thus, the petitioner, Raghib Parwez who being the accused in the case being registered by Shakespeare Sarani Police Station in the year 2019 in connection with the death of two Bangladeshi nationals who died as a result of the accident wherein a Mercedes car is hit by a Jaguar car.
Further, the prayer of the petitioner was rejected by the trial court on April 4, wherein the court stated that the petitioner had already visited the city of Mecca in the year 2018.
Therefore, the trial court also relied upon the judgement of the Supreme Court in the case Maneka Gandhi v. Union of India & Anr; Satwant Singh Sawhney v. D. Ramarathnam & Ors and the case Satish Chandra Verma v. Union of India & Ors in order to support his decision.
The bench headed by Justice Chaudhuri observed that the decisions relied on by the trial court were related to different aspects wherein the court seized the passport of the person or under the direction given by the court and was surrendered before the judicial authority.
It has also been held by the court that the reason which is being stated by the trial court that the petitioner had previously once performed ‘Umra Haj’ and the same cannot be a ground in order to deny accused the opportunity to offer prayer of his religion at a holy place.
The court in the case set aside the impugned order and has permitted the petitioner to visit Mecca to perform Umrah.
Therefore, the said court also directed the Investigating Officer to release the passport of the petitioner.
Accordingly, the court listed the matter to be next heard on April 27, 2023.
