In a recent ruling, the Delhi High Court has allowed a US national, Mohd. Yasin Patel, who was convicted in 2003 under the Prevention of Terrorism Act (POTA) and for sedition under the Indian Penal Code (IPC) for his affiliation with the banned organization SIMI (Students Islamic Movement of India), to travel abroad for a period of four weeks to visit his ailing father in Chicago.
The bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna allowed this travel with certain conditions. They stated that Patel can travel to Chicago for a four-week period, provided he submits a personal bond of Rs. 1,00,000/- and furnishes Surety Bonds of the same amount, each by his wife, two sons, and one daughter, to the Register General of the Court.
Brief Facts:
Patel had been convicted in July 2003 for offences under Section 20 of POTA and Section 124-A of the IPC. He was arrested in 2002 for sticking posters near the Jamia Millia Islamia University library that carried the words "Destroy Nationalism Establish Khilafat," accompanied by a picture of a closed fist. He was sentenced to five years for the POTA offence and seven years for the sedition offence.
However, his sentence was suspended in August 2004, and he was released under certain conditions, including not leaving the limits of Delhi without prior permission of the Court.
Patel's recent application sought permission to travel to Chicago, USA, citing his 89-year-old father's deteriorating health. He undertook to return to India within the time limit granted by the Court and not to seek any further permission for travel.
Observations by the Court:
The Court, while granting the permission, emphasized that Patel had never violated the conditions of previous permissions granted for travel within the country or outside its jurisdiction. The Court also clarified that if Patel does not return to India within the granted time, the personal surety bonds would be forfeited, and a Look-Out Circular (LOC) would be issued against his wife, two sons, and one daughter.
The decision of the Court:
The prosecution was directed to release Patel's passport within two days, and he was instructed to book his ticket to Chicago within one week. As Patel is a US citizen holding an American passport, he was directed to apply for an Indian VISA for his return. He was further asked to submit his travel itinerary, along with his address and phone number in Chicago, to the concerned Police Station and Investigating Agency through the learned Additional Public Prosecutor.
Case Name: Mohd. Yasin Patel Alias Falahi vs State
Coram: Justice Suresh Kumar Kait and Justice Neena Bansal Krishna
Case No.: CRL.A. 585/2003
Advocates of the Petitioners: Mr. Trideep Pais, Sr. Advocate with Ms. Sanya Kumar, Ms. Gargi Sethee & Ms. Sudakshina Prasad, Advocates
Advocates of the Respondent: Mr. Ritesh Kr. Bahri, APP for the State with Insp. Sanjeev Kumar, PS Special Cell/S.R.
Read Judgment @LatestLaws.com
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