Hajj tour operators: Supreme Court expresses dismay over Ministry's performance

Expressing grave concern over failure of the Ministry of Religious Affairs & Inter-Faith Harmony and all watchdogs of the country in keeping the intended pilgrims at bay from fraudulent Hajj & Umrah tour operators, the Supreme Court on Monday warned of zero tolerance if concerned quarters remain unable to deliver.
Announcing its reserved judgement, a three-member bench led by Justice Mushir Alam and comprising Justice Dost Muhammad Khan and Justice Maqbool Baqar rejected the bail pleas of owners of a fake travel agency 'M Mustafa Manpower Travel Agency, Charsadda.' Expressing dismay over the lacklustre performance of the Ministry of Religious Affairs and Inter-Faith Harmony, the Supreme Court issued directives to the ministry to update its website and raise awareness at the grassroots level through electronic and print media in English, Urdu and all local languages about details of duly approved Hajj & Umrah tour operators.
The bench said in the verdict that the ministry is not performing its statutory obligations, adding, "We are, therefore, constrained to direct it to create awareness in the public, particularly in far-flung areas, through wide range publicity, both through electronic and print media, at the district, tehsil and union council level indicating the approved & authorised Hajj and Tour Operators, listed on the approved list of the ministry with a fixed quota, also indicating how much money/fee they can collect from each individual, to be sent for performing Hajj or Umrah and what facilities they are required to provide at the holy places in KSA during the period of performing rituals, including travel and transport facilities of a particular category."
Issuing directives to the Ministry of Religious Affairs and Inter-Faith Harmony to update its website in English, Urdu and all local languages, the apex court categorically said in its verdict to make the awareness material conveniently understandable even by the illiterate poor people. The court asked the Ministry to show all the details about the duly approved Hajj & Umrah Tour Operators saying, "Warning the public at large that except those mentioned on the website, no other agency or tour & Hajj operator is authorised to make booking or collect money for sending people to perform Hajj or Umrah."
"At the same time, the said ministry shall give wide publicity to such lists through electronic and print media and also through handbills/notifications in different languages, which shall be sent to the DCOs/deputy commissioners and DPOs of each and every district of each province and ICT. Similarly, such handbills/pamphlets/booklets duly authenticated with the stamp and the signatures of the competent authority of the said ministry shall be sent to the Nazims and Naib Nazims of each district in the provinces and ICT; Tehsil Nazims, Naib Nazims as well as the Nazims and Naib Nazims of the union councils; the regional offices of the NAB, FIA, Anti-Corruption Establishment of the provinces and the federation and the information ministries of the federal government and all the provinces, to give repeatedly wide publicity to the same through print media and electronic media for early information of the public at large, so that they are not defrauded in future in such manner as has been continuously done in the past," the verdict said.
The judgement added that after receiving such lists/booklets/handbills by the local authorities and anti-corruption watchdog, it shall be their responsibility to keep watchful eye on the Hajj & Umrah tour operators and other similar agencies so that no unauthorised person/agency is able to operate and practice fraud upon innocent citizens in future.
"In case of any negligence or default on part of such agencies, they would be liable for prosecution under the relevant provisions of law, besides departmental action has to be taken against them, whenever in future such case comes to the notice of the court," the court ruled.
Sending copies of the judgement to Ministry of Religious Affairs, Ministry of Information and Broadcasting, all the chief Secretaries of the provinces and chief commissioner of the Islamabad Capital Territory, all the agencies/authorities, the verdict said that all the offices shall acknowledge receipt of the copy of the judgement to the Additional Registrar (Judicial) of the Supreme Court who will place the same in chambers for the three judges perusal in the matter.
The court ruled, "Duly authorised/approved Hajj & Umrah tour operators of the Ministry of Religious Affairs shall display on their offices, the authority letter/licence number, date of issue, the quota allotted and the amount chargeable by them, permitted by the ministry and they shall be further made liable to execute a guaranty/indemnity bond that they will publish a booklet/handbill, to be handed over to each applicant, desirous to perform Hajj and Umrah, which shall contain all details of expenses, chargeable and all the facilities, to be provided to them during transit from Pakistan to KSA and within KSA while performing Hajj or Umrah including transport, lodging boarding, provision of food and other facilities required of them."
It is stated in the verdict that the services of NADRA and PTA be availed to provide multiple Universal Access Number(s) (UAN), cell phone and landlines facilities, and public be informed to get verification and authentic information from the Ministry of Hajj about every Hajj and Umrah private operators including the amount of money chargeable.
"Needful be done positively within two months and this campaign should be vigorously carried out at least three months before Hajj season of the next year commences. Any fault or default/negligence on the part of the ministry and those, to whom such information is conveyed by it, shall be deemed to have violated the law and the Constitution and besides departmental action to be initiated, they would be liable to be prosecuted under the law, whenever such case is reported to the court," the court ruled.
The verdict said that negligence on the part of the ministry provides golden opportunity to the mafia involved in the detestable business of running fake tour and Hajj operator agencies, without little fear of grip of law, while defrauding the people.
"Thus, it has become imperative to issue directions within the powers vested in the Court under Articles 184 (3) and 187 of the Constitution to the relevant authorities within the Federation and the provinces to do what is required by the law and the Constitution," the judgement concluded.