The Supreme Court has declined the Union government's appeal to overturn the Delhi High Court's decision to suspend the registration of certain private Haj Group Organisers (HGOs).
The vacation bench, comprising Justice Surya Kant and Justice MM Sundresh, dismissed the appeal, stating that the matter was already scheduled to be heard by a Division Bench of the Delhi High Court on July 7, making the Supreme Court's intervention unnecessary at this stage. The bench emphasized that the Union government should avoid adding to the psychological pressure on the pilgrims and allow them to undertake their Haj pilgrimage without the burden of ongoing litigation.
The case was brought before the Supreme Court bench by Assistant Solicitor General (ASG) Sanjay Jain, who argued that permitting the "delinquent" HGOs to continue conducting Haj tours would have adverse effects on the pilgrims. However, the bench concluded that the concerns raised by the Union government would be appropriately addressed by the Delhi High Court. Justice Surya Kant stressed the importance of ensuring that the pilgrims embark on their Haj journey without the added burden of ongoing legal proceedings. The bench advised the Union government not to take any action against the HGOs until the pilgrims return, as their stay in Saudi Arabia would not be prolonged.
ASG Jain provided background information, explaining that the HGOs operate under a quota system, with 80% of the quota allocated to the Haj Committee of India and the remaining 20% designated for the HGOs. He highlighted that in May, 512 HGOs received clearance, but on May 25, a serious complaint was lodged against some of them, leading to their approach to the Delhi High Court.
To safeguard the interests of the pilgrims, the Delhi High Court had temporarily stayed the comments made against the Haj Group Organisers in the consolidated list released by the Union Government. The court's preliminary view was that while restrictions and conditions could be imposed on the issuance of registration certificates and allocated quotas for the HGOs, these measures should not unfairly impact the pilgrims who had registered in good faith. Justice Chandra Dhari Singh, who presided over the single bench, emphasized the need for an alternative solution that would not hinder the aspirations of "noble-intentioned citizens" seeking to undertake the Haj pilgrimage.
ASG Jain assured the court that the Union government had no intention of adversely affecting the pilgrims and proposed an alternative arrangement. Under this proposal, the affected HGOs would be replaced, ensuring that the pilgrims would not bear any additional expenses. The government would provide financial guarantees for their travel through other HGOs. ASG Jain also highlighted that the Delhi High Court's order aimed to protect the interests of the pilgrims and underscored the potential difficulties they might face in Saudi Arabia if the HGOs failed to meet the required standards.
With the Supreme Court declining to intervene, all the concerns raised by the Union government will be addressed by the Division Bench of the Delhi High Court. The focus remains on enabling the pilgrims to undertake their Haj pilgrimage without the burden of ongoing litigation. The decision ensures that the Haj Group Organisers will be evaluated in due course, safeguarding the interests of the pilgrims who have eagerly registered to embark on their spiritual journey.
Picture Source :
