ISLAMABAD: The Supreme Court of Pakistan on Thursday refused to grant stay on balloting of Hajj applications and directed the Ministry of Religious Affairs (MoRA) to submit its comments over reduction of the 10 per cent quota of Hajj Tour Operators in the Hajj policy 2016.
The top court also asked the ministry not to public balloting results of Hajj applications 2016 till the final order over the petitions against Hajj policy 2016. The balloting is likely to be held today (Friday).
The three judge bench of the Apex Court, headed by Justice Mian Saqib Nisar took up Hajj tour operators’ plea.
Earlier Hajj tour operators had approached the Sindh High Court against Hajj Policy 2016, wherein the quota of the Government Hajj Scheme has been enhanced from 50 per cent to 60 per cent while the quota of Private Tour Operators has been reduced from 50 per cent to 40 per cent. During the course of hearing, Deputy Attorney General Sohail Mahmood told the bench that the government’s hajj quota is being enhanced to accommodate the underprivileged class. The bench observed that the court wants to examine whether its judgment regarding Hajj quota is being fully adhered in Hajj Policy 2016 or not.
During the hearing, Akram Sheikh counsel for Hajj Group Operators (HGOs) submitted that neither there is any rational basis for enhancement of the government quota from 50 percent to 60 percent nor Hajj Tour Operators were consulted or taken into confidence regarding what circumstances necessitated the government to deviate from the consistent practice of last many years. “Thus, Hajj Policy 2016 has left the petitioners to hang to the fancies of Ministry of Religious Affairs & Interfaith Harmony, which are only deeply entrenched in exercising unbridled executive powers and unguided discretion,” he said.
He stated that performance of Hajj is a personal and private obligation for those who can afford it adding since 2005, when public private partnership overtook the operations, there have been numerous complaints of corruption and mishandling of the Hujjaj by the government functionaries as compared to the private tour operators.
The petition further stated that Hajj quota could not be arbitrarily reduced and allocated to Government despite the fact that the Private Hajj Operators had complied with all the performance standards as compared to the government. The petition further stated that high court failed to take into consideration that the quota of private Hajj sector is protected by virtue of Memorandum of Understanding dated 4.7.2013 entered by the Hajj Organizers Association and the Federal Government in the Ministry of Religious Affairs.
