The Supreme Court gave the government the benefit of the doubt, overruling the Lahore High Court (LHC) to allow the religious affairs ministry to finalise arrangements for Hajj this year in line with the new policy to facilitate pilgrims.
A four-member bench headed by Justice Javed Iqbal accepted appeals filed by the government and Hajj group organisers (HGOs) against the June 6 verdict handed down by LHC Chief Justice Ejaz Ahmad Chaudhry.
The LHC had suspended the Hajj Policy 2011 and cancelled the quotas allocated to HGOs on the petitions filed by tour operators turned down by the religious affairs ministry.
While the Supreme Court reversed the LHC decision, the court has directed the government to frame a transparent Hajj Policy for 2012 and publish it in newspapers.
Azhar Siddique, counsel for tour operators who have been denied quotas this year, contended that the government should have followed rules and regulations in awarding Hajj quotas to tour operators. HGOs registered in 2005 have since been awarded quotas every year, while new tour operators were not even registered this year.
Justice Javed Iqbal stated that the religious affairs ministry should consult with all the organisers before framing a Hajj policy for next year. The court announced a short order after hearing petitioners and defendants of the LHC verdict for three consecutive days.
Babar Awan, counsel for the ministry, contended on behalf of the federation that the government has banned registration of tour operators for just this season. Therefore, new visas could not be granted to new tour operators.
Awan was seconded by Additional Attorney General KK Agha who submitted that the Saudi government could not be requested to allot quotas to new HGOs.
Awan said the government has computerised all aspects of allocation of Hajj quotas to dispel the impression that there was any discrimination.
He denied that the government had used delaying tactics in implementing LHC’s verdict and reiterated that it was next to impossible to follow the court’s directive since all the arrangements had already been completed.
He said ordinary citizens have not been affected by the Hajj policy, nor have they approached the court with grievances. Pakistan will send 90,000 pilgrims to Saudi Arabia to perform Hajj this year.
During his interaction with the media after the proceedings, Azhar Siddique stated he would file a review petition against the verdict.
Published in The Express Tribune, July 8th, 2011.
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