Delhi High Court allows 73-year-old NDPS convict to travel to Mecca for Hajj

The Delhi High Court recently allowed a 73-year-old man convicted under Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) to travel to Mecca and Medina in Saudi Arabi for Hajj [Syed Abu Ala v NCB]..Justice Swarana Kanta Sharma passed the order while noting that Hajj holds immense significance in the Islamic faith and that its importance cannot be overstated, both spiritually and culturally, for Muslims.“In the present case, it is important to highlight that the applicant is around 73 years old and has expressed a strong desire to undertake the Hajj pilgrimage, a sacred obligation in the Muslim faith. Understanding the significance of the Hajj pilgrimage, this Court finds it imperative to facilitate and enable him to fulfill this religious duty. The Hajj pilgrimage holds immense significance in the Islamic faith, representing one of the five pillars of Islam, and is a religious duty for every Muslim. Its importance cannot be overstated, both spiritually and culturally, for Muslims,” the Court observed..The Court added that it would not obstruct petitioner, Syed Abu Ala’s religious obligations solely because his appeal against his conviction has been pending for years.“It is, therefore, directed that the passport of the appellant herein be renewed by the concerned passport office, as per applicable rules. The applicant is accordingly permitted to go abroad for a period of one month to Saudi Arabia for performing Hajj/Umrah pilgrimage," the Court said. .Ala had moved the High Court seeking directions to the Regional Passport Officer, New Delhi to issue a passport to him and allow him to travel to Saudi Arabia for Hajj.He was convicted for the commission of offences under Section 29 read with Section 21(c) of NDPS Act in August 2010 and sentenced to imprisonment for 11 years and six months. He challenged the conviction before the High Court, which suspended his sentence in 2011. He was later granted bail.However, Ala’s request for a passport was rejected by the authorities..The Court considered the case and observed that the convict had been convicted for 11 years and six months and that he has already undergone 10 years in judicial custody till his sentence was suspended in 2011. The Court also recorded that he has been out of the jail for more than 13 years and yet, no adverse report has come against him.It, therefore, allowed the plea and said that Ala can travel to Mecca and Medina..Advocates Yogesh Saxena and Priya Saxena appeared for the petitioner.Senior Advocate Subhash Bansal and advocate Shashwat Bansal represented the Narcotics Control Bureau..[Read Judgment]