Delhi HC allows POTA convict fly abroad to visit ill father

Patel was arrested in 2002 for sticking posters advocating the slogan ‘Destroy Nationalism Establish Khilafat’ near Jamia Milia Islamia University library.

New Delhi: Delhi High Court has granted permission to a US national, Mohd. Yasin Patel, who was convicted in 2003 under the Prevention of Terrorism Act (POTA) and for sedition under the IPC as a member of the banned outfit SIMI, to travel abroad for four weeks.

The purpose of the travel is to visit his ailing father in Chicago. The court has allowed this travel subject to certain conditions, including furnishing a personal bond of Rs 1 lakh and obtaining surety bonds from his family members.

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Patel was arrested in 2002 for sticking posters advocating the slogan ‘Destroy Nationalism Establish Khilafat’ near Jamia Milia Islamia University library.

He was sentenced to five and seven years for the respective offences, but the sentence was suspended in 2004, with a restriction on leaving Delhi without court permission.

The court noted Patel’s compliance with previous travel permissions and his commitment to return within the granted time.

“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,” the bench noted.

If he fails to return on time, the personal surety bonds will be forfeited, and legal action may be taken, the court said.

The court directed the prosecution to release Patel’s passport and instructed him to apply for a VISA for his return to India.

“The Prosecution is directed to release the passport of the applicant/appellant within two days. The applicant/appellant shall get the ticket booked to Chicago, U.S.A. within one week thereafter,” the court said.

“Since, the applicant/appellant is an American citizen and is holding American passport, he is directed to apply for VISA for his return to India. Thereafter, he shall submit the itinerary of his visit to Chicago, U.S.A. along with his address and phone number to the concerned Police Station/Investigating Agency through learned Additional Public Prosecutor appearing in the present application,” the court added.