The Supreme Court denied to consider an appeal made by the Union government against the Delhi High Court’s decision to halt the suspension of registration for specific private Haj Group Organisers.
The matter was presented before a vacation bench consisting of Justice Surya Kant and Justice MM Sundresh. The Union’s representative, ASG Sanjay Jain, argued that allowing the private Haj operators, whom he referred to as “delinquents,” to continue organizing Haj tours would ultimately harm the pilgrims. However, the bench observed that the issue was already scheduled to be heard by a Division Bench of the Delhi High Court on July 7, and therefore, the Supreme Court did not need to intervene. The Court further suggested that the Union should allow the pilgrims to proceed with their Haj pilgrimage without the psychological pressure of ongoing litigation.
ASG Jain while explaining the situation stated: “There is a system in place. Saudi Arabia grants a quota– 80% goes to the Haj Committee of India and the remaining is operated through the Haj Group Organisers (HGOs). HGOs have to meet certain criteria. In month of May, 512 HGOs were cleared. On 25th May, we received a serious complaint against some of them. They then approached the High Court of Delhi…”
He assured that the Union Government did not intend to adversely affect the pilgrims in any way. Additionally, the government was prepared to ensure that the pilgrims would not have to bear any additional expenses.
ASG Jain proposed an alternative solution, “We don’t want to impact the Haj pilgrims in any manner. They will not have to spend anything extra from pocket. Their travel will be given to other HGOs. The Government of India is giving them a financial guarantee.”
He emphasized that even the Delhi High Court had issued the order to ensure that the welfare of the pilgrims was not compromised in any way. He stated “The concern of the High Court was also that the pilgrims should not be disadvantaged. If these HGOs are not up to the mark, the pilgrims will face difficulties in Saudi Arabia.”
However, the bench showed no inclination to address the matter. Justice Surya Kant remarked- “All these contentions will be dealt by the High Court. Let the pilgrims go to Haj without any psychological pressure of ongoing litigation…It would be wiser for you to not take any action against them (HGOs) till they come back…they won’t stay in Saudi Arabia till long.”
Context
Several private Haj Group Organizers filed petitions before the Delhi High Court, contesting the suspension of their registration certificates and quota as stated in the “Consolidated List of Allocation of Haj quota for Haj-2023” issued by the Union Government on May 25.
To ensure that the pilgrims can proceed with their Haj journey without any obstacles, the Delhi High Court ordered a stay on the comments made in the consolidated list against the Haj Group Organizers. The court’s preliminary opinion was that while restrictions and conditions on the issuance of Registration Certificate and Quota for the Haj Group Organizers could be imposed, such measures should not negatively affect the pilgrims who had registered with these organizers in good faith to undertake the pilgrimage.
Justice Chandra Dhari Singh, presiding over a single bench, emphasized the need for an alternative solution that would prevent the law from becoming a hindrance for the “noble-intentioned citizens” who sought to undertake the Haj pilgrimage.
