Delhi HC Allows Terror Accused to Travel Abroad!

The Delhi High Court has recently granted permission to a US national, previously convicted under the POTA (Prevention of Terrorism Act) and for the offence of Sedition under IPC, to travel abroad for four weeks in order to visit his ailing father in Chicago.

A division bench comprising Justice Suresh Kumar Kait and Justice Neena Bansal Krishna stated, “Accordingly, we allow the applicant/appellant to travel to Chicago, U.S.A. for the abovementioned purpose for the period of 4 (four) weeks from the date he actually departs from Delhi, subject to furnishing a personal bond in the sum of Rs. 1,00,000/- in respect of him with the Surety Bond of like amount each to be furnished by his wife, two sons and one daughter with the Register General of this Court.”

Mohd. Yasin Patel had been convicted in July 2003 for offences punishable under Section 20 of the Prevention of Terrorism Act (POTA) and Section 124-A of the Indian Penal Code. He was apprehended in 2002 near the Jamia Milia Islamia University library while posting posters bearing the words “Destroy Nationalism Establish Khilafat,” accompanied by an image of a closed fist. Subsequently, Patel received sentences of five years and seven years for the respective offences.

Nonetheless, the Court suspended his sentence in August 2004 and ordered his release, stipulating that he must not leave Delhi’s jurisdiction without prior court permission.

Patel submitted an application to the Court, requesting permission to travel to Chicago, USA, citing his 89-year-old father’s deteriorating health due to old-age ailments. He pledged to return to India within the granted time limit and committed not to seek further permission on any grounds.

The Additional Public Prosecutor was queried by the Court about whether any photographic or video evidence existed of Patel placing the poster on the wall. The prosecutor responded in the negative.

The bench further noted, “It is not in dispute that vide Order dated 08.12.2022 passed in CRL.M.A. 22880/2022, the applicant/appellant was allowed to travel to Chandpur, Uttar Pradesh (native place), Kanpur, Uttar Pradesh and Dehradun, Uttarakhand. Vide Order dated 08.04.2005 passed in CRL.M.A. 1086/2005, the applicant/appellant was also allowed to visit Ahmedabad, Gujarat for a period of two weeks. He further concedes that whenever the applicant/appellant was granted permission to leave the territory of this country or jurisdiction of this Court, he has never violated the conditions imposed by this Court.”

While granting the relief, the Court clarified that in case Patel fails to return within the specified 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, all of whom are Indian citizens, except for the younger son.