West Bengal, India: On April 5, the Calcutta High Court set aside the trial court’s order rejecting accused Raghib Parwez’s application for visiting Mecca to perform Umrah during Ramzan, Live Law reported.
It is pertinent to note that Raghib Parwez is accused in a case connected to the death of two Bangladeshi nationals who died in an accident when his Jaguar SUV smashed into a Mercedes car. The accused Raghib Parwez is on bail and he filed an application before the trial court praying to leave the country and visit Mecca to perform Umrah during the month of Ramzan.
The Calcutta High Court set aside the trial court’s order rejecting the accused’s application and stated, “There cannot be a reason that a person is refused to offer prayer at a holy place of their religion because he once performed Umra Haj in the year 2018.” Furthermore, the Court added, “If this ground is accepted, as a logical corollary it would mean that a person of any religion cannot offer his prayer or puja if it is once performed by him.”
The Court said, “Considering such aspect of the matter, I am not in a position to accept the logic behind the order passed by the learned Trial Judge on 4th April, 2023. The order dated 4th April, 2023 passed in Sessions Case No. 65/2019 is accordingly set aside.”
The Court held, “The petitioner is permitted to perform Umrah and for such purpose he is entitled to visit Macca unless his travel is not prohibited by any other authority under the law. The Investigating Officer is directed to release the passport of the petitioner. The petitioner is directed to return and appear before the Trial Court by 27th April, 2023.”
Theatre Road Hit-and-Run Case
Raghib Parwez, the scion of the family of the famous Arsalan restaurants, is an accused in the Theatre Road hit-and-run case where he was driving his Jaguar SUV at the speed of 130-135 km/hr when he smashed into a Mercedes-Benz car on August 16, 2019, which lead to the death of two Bangladeshi bystanders.
It is pertinent to note that the Supreme Court of India rejected his bail application in 2021. The SC told, “Is it not true that you were driving at a speed of more than 130 km/hour? Is it not true that you had a history of violating traffic signals 48 times during the seven months prior to this incident? You want a concession only because you are rich. But we will not do that,” to the accused’s counsel Kapil Sibal.
The accused’s father moved the bail application claiming that Raghib Parwez suffers from a psychological disorder and therefore is not capable of facing a trial. However, the Calcutta High Court ordered him to stand trial after the board of the National Institute of Health and Neurosciences, Bengaluru, said that his psychological condition is not such that he cannot face a trial. Furthermore, the Court cancelled his interim bail and directed him to surrender by April 20. The Court said that he would be arrested if he fails to surrender.
The Court also noted that he fled to Dubai after the accident. He was arrested from a nursing home where he was admitted after he returned to Kolkata.
