Bombay High Court Allows Convicted Man to Undertake Haj Pilgrimage
The Bombay High Court has permitted a man convicted of electricity theft to travel to Saudi Arabia for the Haj pilgrimage, recognizing the religious significance of the journey and considering the delay in the hearing of his pending appeal.
Conviction and Appeal Background
The petitioner, Rahim Khan Sandu Khan, a 43-year-old businessman from Aurangabad, was convicted in October 2016 under Section 135 of the Indian Electricity Act for electricity theft, related to a case filed in 2007. He was sentenced to two years of imprisonment but appealed the conviction. Following this, the court granted him bail and suspended his sentence pending the final resolution of the appeal.
Petition to Undertake Haj Pilgrimage
Khan sought permission from the High Court to travel for the Haj pilgrimage, scheduled between April and September 2025, citing that it is a religious obligation. His legal representative argued that due to the backlog of cases, his appeal may not be heard soon, and restricting his travel would be unfair.
Court’s Decision and Travel Conditions
Justice Abhay Waghwase, while ruling on the petition, acknowledged the importance of the Haj pilgrimage in Islam. Since Khan’s appeal has been pending since 2016 with no immediate likelihood of being heard, the court granted him permission to travel.
However, certain conditions were imposed to ensure compliance:
- Khan must provide an undertaking confirming he will not misuse the permission.
- He is required to submit his complete travel details, including flight schedules, accommodation arrangements, and property details.
- These details must be submitted to the police station and the court before his departure.
Legal Representation and State’s Stance
The State and the Passport Authority did not oppose Khan’s petition for travel permission. The court found no reason to deny the request, provided he adhered to the stipulated conditions.
Significance of the Ruling
This decision reflects the judiciary’s balanced approach in upholding religious rights while ensuring legal accountability. By permitting Khan to travel under specific conditions, the court reaffirmed its commitment to maintaining a fair and just legal framework, allowing individuals to fulfill their religious duties without undermining judicial procedures.
