SHC sets aside condition for accommodating 5pc pilgrims at govt rate

KARACHI: Sindh High Court has set aside the condition of the ministry of religious affairs binding the private Hajj group organizers to accommodate five per cent pilgrims at the government rate package.

The hajj organizers association had challenged the letter of the ministry of religious affairs in which the precondition for allocation of quota to private sector for Hajj 2019 was invoked. The condition is that each private group would accommodate five per cent pilgrims on government rate package in its allocated quota.

The petitioners counsel submitted that the impugned condition is illegal and without jurisdiction as no such provision is embodied in the Hajj Policy and in violation of the Supreme Court’s judgment. They submitted that imposition of impugned condition tantamount to an indirect reduction in the private sector quota. They submitted that packages to be offered by the hajj group organizers (HGOs) for Hajj 2019 were prepared with the consensus and have been approved by the Hajj formulation committee which does not contain any restriction. They submitted that the approved packages of HGOs are more expensive than the government package as they are providing better facilities and do not benefit from economies of government rates of airline fares.

Deputy attorney general submitted that Hajj Policy was framed in view of the directions contained in the SC judgment.

He submitted that Hajj formulation committee convened various meetings and it was jointly agreed with private Hajj operators that the private sector will accommodate five per cent Hajj pilgrims at the government Hajj package to ensure compliance of recommendations of the Competition Commission of Pakistan. He submitted that that no such condition was imposed in isolation. The ministry’s joint secretary submitted that petitioners cannot challenge the condition as only the HGOs of Sindh Zone are opposing the condition. He submitted that stipulation for accomodating five per cent Hajis on government rates was made on the request of the Hajj Organizers Association of Pakistan (HOAP) but subsequently they backed out from the commitment. He further stated that no change was made in the Hajj Policy which was the only prerogative of federal cabinet. He reiterated that the impugned benchmark of accommodating five per cent pilgrims on government rates was worked out with the tacit approval of HOAP in the public interest.

The SHC’s division bench headed by Justice Mohammad Ali Mazhar observed in its judgment that the Hajj formulation committee, by acting more loyal than the king superfluously added a condition unilaterally which is wholly unjust, unfair and without jurisdiction.

The court observed that after approval of Hajj Policy-2019 by the federal cabinet, the Hajj formulation committee may implement and execute the policy but they cannot make additions or alterations which is only the prerogative of the federal cabinet. Therefore they must implement the Hajj Policy in its letter and spirit.

The court observed that nothing was produced before the court which may amount to any tacit approval.

The court observed that Hajj formulation committee imposed an unreasonable condition which is not only beyond the framework and constituents of Hajj Policy 2019 but tantamount to an indirect reduction in HGOs quota. The court set aside the impugned letter of the ministry of religious affairs and ordered that all correspondence and directions for the compliance of the condition are declared to be inconsequential.