Allahabad HC rejects jailed convict’s bail plea: ‘Pilgrimage trip not an absolute right’

Justice Alok Mathur said in the order, issued recently, “In this case, the right to do pilgrimage tour to Haj is not an absolute right but can be curtailed since the appellant has been imprisoned and granting bail on this point may increase the chances of him fleeing outside the clutches of law of this country. Such religious veneration can be duly exercised by him after serving his time in prison since there is no religious mandate to be complied with.”

The court added, “I do not find any urgency or any such situation which may necessitate the release of the appellant from custody to perform his Haj yatra. For this reason, I do not find any merit in the short-term application, it is dismissed.”

On March 26, a court in Bahraich convicted Jahid and sentenced him to 10 years’ imprisonment on charges of culpable homicide not amounting to murder, among other charges. He has been in jail since that date. An appeal has been filed against the judgment in the High Court.

An application was moved by Jahid while the appeal against the conviction was being heard, seeking short-term bail to undertake the Haj yatra from April 30 to June 18 this year.

In the application, it was stated that prior to his conviction, he (Jahid) had applied for Haj along with his wife, Kirmun Nisha, and also deposited the required fee. It was also submitted that he has been “selected for the Haj yatra.”

The application also claimed that the applicant’s right to travel for Haj is protected under the Constitution of India.

While opposing the application, the government counsel submitted that the appellant is in jail in accordance with the law, and therefore, his incarceration cannot be considered a violation of Article 21 of the Constitution of India.

He further argued that since the appellant has been convicted by the court and is serving his sentence as per the trial court’s order, his rights and freedoms are lawfully restricted to the extent necessary for the completion of that sentence.

The court observed that, “Undoubtedly there is no denying fact that it is a Haj obligation of Muslim faith, even significance to every person following such faith but on the other hand merely because application was submitted prior to his sentence and the same has been allowed cannot be a reason to grant short term bail to the appellant. It is noticed that he is a convict under Section 304/34 IPC along with Section 323 IPC with the charges which are very serious and is being sentenced for the period of 10 years. One month has passed since incarceration.”

It further added that, “I also take due consideration that the appellant would be at liberty to exercise his option for Haj after completing his sentence in accordance with law. Article 21 grants liberty to an individual in accordance with law and it is injunction against the state not to deprive any one except in accordance with law. Incarceration subsequent to a conviction fairly amounts to curtailing the right to movement in accordance with provision of law and accordingly the same cannot be held to be arbitrary or illegal.”