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| HC sees off Reasi couple to Hajj | | Permission was denied due to a pending FIR | | EARLY TIMES REPORT
JAMMU, Nov 24: But for the intervention of High Court, a couple from Reasi was otherwise close to miss one of the tenets of Islam and a cherished dream of performing Hajj
Quashing the communication of the state Haj committee of October 12, Justice JP Singh of J&K High Court Jammu Wing today directed J&K State Haj Committee, its functionaries and functionaries of government to issue requisite permission and travel documents to the petitioners forthwith. The respondents shall take all such measures as may be necessary to facilitate petitioner's proceeding for Haj pilgrimage 2008, the court further ordered.
This judgment was passed today in a petition filed by Bashir Ahmed and Sajda Begum who were selected by the J&K State Haj Committee for Haj pilgrimage 2008. After having deposited requisite foreign exchange and air-fare, as demanded by the functionaries controlling the Haj pilgrimage, the Haj Committee informed Deputy Commissioner Reasi on October 12, 2008 that petitioner’s pilgrimage had not been cleared. Petitioners' pilgrimage appears to have been stalled on respondents noticing that petitioner Bashir Ahmed was involved in FIR No 67/2007 registered at Police station Mahore u/s 212, 216 RPC and sections 18/20 of the Unlawful Activity Preventive Act.
Petitioner Bashir Ahmed released on bail in the said FIR had been directed not to leave the state of J&K except after obtaining permission of the Court. The petitioner accordingly applied for lifting the condition whereby he had been restrained from the leaving the state of J&K. Munsiff Magistrate Reasi after hearing the State counsel in this behalf permitted Bashir Ahmed petitioner to leave the jurisdiction of the State for a period of two months with effect from November 10, 2008 for Haj Pilgrimage and directed the petitioner to furnish two sureties and personal undertaking in the amount of Rs 70,000 each. The state had questioned the order of the Munsiff Magistrate before Sessions Judge Reasi in a revision petition. The DGP CID J&K in his objections indicated that because of petitioner Bashir Ahmed being involved in the aforementioned FIR; the petitioner could not be permitted to leave the state as the permission granted to to go for Haj by the Munsiff Magistrate Reasi has been stayed by the Sessions Judge Reasi.
During the course of arguments Adv SS Ahmed appearing for the petitioner submitted that stay issued by the Sessions Judge Reasi having been vacated with the dismissal of State's Revision petition, the J&K State Haj Committee's communication impugned in the petition needs to be set-aside as its continuance would amount to violation of petitioner's right to perform haj pilgrimage. Additional Advocate General appearing for the Financial Commissioner Home was asked to report instructions as to whether there was still any impediment in petitioners' proceedings for the Haj Pilgrimage. The petition slated for consideration for November 19, 2008 was; however, adjourned to November 21, 2008 directing the State counsel to place all such materials on record on the basis the state Government would justify restraining the petitioners for the Haj pilgrimage. Court after hearing both the sides quashed the communication of J&K State Haj Committee of dated October 12, 2008 and directed the functionaries to issue requisite permission and travel documents to the petitioners forthwith. JNF |
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