SHC sets aside religious affairs’ condition terming it tantamount to indirect reduction in Haj groups’ quota

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

The haj organizers association had challenged the letter of the ministry of religious affairs in which the precondition for allocation of quota to private sector for Haj 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 Haj 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 haj group organizers (HGOs) for Haj 2019 were prepared with the consensus and have been approved by the Haj 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 Haj Policy was framed in view of the directions contained in the SC judgment. He submitted that Haj formulation committee convened various meetings and it was jointly agreed with private Haj operators that the private sector will accommodate five per cent Haj pilgrims at the government Haj 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 Haj Organizers Association of Pakistan (HOAP) but subsequently they backed out from the commitment. He further stated that no change was made in the Haj 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 Haj 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 Haj Policy-2019 by the federal cabinet, the Haj 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 Haj Policy in its letter and spirit.