The Supreme Court (SC) on Thursday overruled the verdict of the Lahore High Court (LHC) on Hajj Policy 2011 with the directives to government to follow current Hajj Policy of sending a total of 90,000 pilgrims to Saudi Arabia through Operators.
A four-member special bench comprising Justice Javed Iqbal, Justice Shakirullah Jan, Justice Tassaduq Hussain Jillani and Justice Khilji Arif Hussain was hearing appeals against the Lahore High Court judgement. Al-Rahem Travels & Tours (Pvt) Limited and 16 other petitioners filed the petition under article 185(3) of the Constitution by making Ministry of Religious Affairs, Hajj, Zakat, Usher respondent through its Secretary.
They prayed for leave to appeal to set aside the LHC judgement of June 6, 2011 which ruled against the distribution of quota under Hajj Policy 2011 and also cancelled the quota allotted to hundreds of tour operators.
The bench observed that the work on current Hajj Policy is going on and directed the government to make the policy transparent by publishing it in the newspapers for the welfare of general public. The bench announced a short order after hearing the arguments of tour operators and the federation. The hearing of appeals continued for three consecutive days.
During the course of hearing Dr Babar Awan appeared on behalf of the federal government, while Muhammad Akram Sheikh and Aitzaz Ahsan represented the tour operators to whom quota has been allotted, but Azhar Siddique appeared on behalf of new tour operators. The federation's counsel, Dr Babar Awan, informed the bench that according to Hajj Policy 2011 the government has banned the registration of new tour operators for one season. Therefore, visas could not be granted to new tour operators.
He further pleaded that the government had computerised all the affairs of Hajj quota, adding that no citizen was affected by the new Hajj Policy and even no citizen had approached the court for the redressal of his grievances, if any. He further argued that the government was not adopting delaying tactics in Hajj Policy, but the delay was, in fact, being caused by legal procedure. Awan insisted that the government was not violating the court orders. Azhar Siddique, counsel for new tour operators, contended that rules and regulation should be observed in the Hajj Policy.
Justice Javed Iqbal said that Ministry of Religious Affairs should consult all the organisations before framing the Hajj Policy. Akram Sheikh said that Hajj Group Operators (HGOs) were contesting for their own rights. Additional Attorney General for Pakistan K. K Agha informed the court that all the arrangements related to Hajj were completed whereas the Kingdom of Saudi Arabia (KSA) was not requested for further quota to the tour operators. He informed the bench that ban on new tour operators' registration was imposed only for the current Hajj season, not on a permanent basis. According to Hajj Policy 2011, a total of 90,000 people from Pakistan will perform Hajj during the current year. Talking to media persons after the proceeding, Azhar Siddique said that he shall file a review petition against the SC decision.