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Court Allows The 90 Years Old Mother Residing With Her Son, To Meet Her Daughter On Her Request: High Court Of Delhi

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Title: Seema v State Govt. Of NCT Of Delhi And Ors.

Citation: W.P.(CRL) 3218/2023

Decided on: 02.11.2023

Coram: Hon’ble Mr. Justice Suresh Kumar Kait, Hon’ble Ms. Justice Shalinder Kaur

Introduction:

The petitioner is aggrieved by the fact that her mother Smt.Rameshwari Devi was residing with her and after one week, i.e. on 12.10.2022, the respondent i.e. the brother of the petitioner came to the house of the petitioner and took her with him to his residence on the assurance that he would bring her back after some days. Therefore, a present petition has been filed seeking directions against the respondent to produce the mother of the petitioner namely Smt.Rameshwari Devi.

Facts:

Inspector Arjun Singh of Police Station Krishna Nagar appears with Mr.Sanjay Lao, learned Standing Counsel (Criminal) for Delhi Police, and submits that he had visited the house of the brother of the petitioner i.e. respondent, and upon his interaction with the mother of the petitioner, he found that the mother is staying comfortably and willingly with respondent. He also submits that she stated that her son takes good care of her. The petitioner who is present in Court with her counsel states that her mother is 90 years old and she just wants to meet her once.

Court’s Analysis and Judgement:

Court has no power to direct the mother to meet the petitioner, however, since she is a daughter and considering that the mother has not said anything against her and has also not denied meeting her. The court gave the direction to the Inspector that he shall take the petitioner to the house of her brother on 03.11.2023, where her mother is residing, at 4 pm for 10 minutes to meet her mother. The inspector shall be accompanied by one lady police officer at the said residence and the said officer shall ensure that the petitioner maintains a congenial atmosphere and meets her mother peacefully.

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Written by- Sushant Kumar Sharma

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The Delhi High Court has granted permission for a US citizen convicted under POTA to go to Chicago due to his elderly father’s illness.

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Title:  Mohd. Yasin Patel Alias Falahi v. State

Decided on:  26th July, 2023

+  CRL.A. 585/2003

CORAM: HON’BLE MR. JUSTICE SURESH KUMAR KAIT & HON’BLE MS. JUSTICE NEENA BANSAL KRISHNA 

Introduction 

The Delhi High Court recently granted permission to an American citizen who was previously convicted under Section 20 of the Prevention of Terrorism Act (POTA) and Section 124-A of the Indian Penal Code (IPC) to travel to Chicago, U.S.A. for a period of four weeks. The applicant’s request was based on the grounds that his elderly father was suffering from ailments, and he wanted to visit him. The Court allowed the travel subject to certain conditions and surety bonds.

Facts

The appellant had been convicted for offenses under POTA and IPC and was sentenced to five years of imprisonment along with a fine of Rs. 25,000. The sentence, however, had been suspended. The appellant was found guilty of pasting a poster and propagating issues mentioned on the poster, which advocated for the establishment of “KHILAFAH STUDENTS ISLAMIC MOVEMENT OF INDIA” and the destruction of nationalism.

The appellant approached the High Court seeking permission to travel to Chicago for four weeks to visit his 89-year-old father, who was an American citizen and was suffering from various old-age ailments. The appellant’s mother, also an American citizen, was 86 years old. Due to his father’s deteriorating condition, he sought permission to visit him for a limited period.

Analysis

The High Court considered the submissions made by the appellant’s counsel and the Additional Public Prosecutor representing the State. The prosecutor suggested that certain conditions be imposed on the appellant to ensure that he complies with the granted permission. The Court found merit in the appellant’s application and decided to allow the travel subject to certain conditions.

Held

The Delhi High Court granted permission to the appellant to travel to Chicago, U.S.A. for four weeks to visit his ailing father. However, the Court imposed certain conditions for the appellant’s return to India. He was required to furnish a personal bond of Rs. 1,00,000 and his wife, two sons, and one daughter were also required to furnish surety bonds of the same amount each with the Register General of the Court. The Court made it clear that if the appellant does not return within the stipulated time, the surety bonds would be forfeited, and a Look-Out Circular (LOC) would be issued against his family members.

The High Court directed the prosecution to release the appellant’s passport within two days and instructed him to book his ticket to Chicago within one week. Being an American citizen, the appellant was further directed to apply for a visa for his return to India. He was required to submit his itinerary, address, and phone number in Chicago to the concerned Police Station/Investigating Agency through the learned Additional Public Prosecutor. The Court disposed of the application in light of these directions and conditions.

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Written by- Ankit Kaushik

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