SC declines plea against suspension of Hajj Group Organisers’ registration
Srinagar: The Supreme Court has rejected a plea filed by the Union government to overturn the Delhi High Court’s decision to suspend the registration of certain private Hajj Group Organisers (HGOs). The appeal was dismissed by a vacation bench consisting of Justice Surya Kant and Justice MM Sundresh.
The case was brought before the bench by Assistant Solicitor General (ASG) Sanjay Jain, who argued that allowing the “delinquent” HGOs to continue conducting Hajj tours would have adverse effects on the pilgrims.
However, the bench determined that since the matter was already scheduled to be heard by a Division Bench of the Delhi High Court on July 7, there was no need for the Supreme Court’s intervention at this stage.
The bench further emphasized that the Union government should refrain from adding to the psychological pressure on the pilgrims, allowing them to embark on their Hajj pilgrimage without the burden of ongoing litigation, reported Live Law.
ASG Jain provided background information, explaining that the HGOs operate under a quota system, with 80 percent of the quota allocated to the Haj Committee of India and the remaining 20 percent 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.
Jain assured the court that the Union government had no intention of adversely impacting the pilgrims. He proposed an alternative arrangement in which 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.
The ASG also emphasized that the Delhi High Court’s order was intended to protect the interests of the pilgrims, ensuring they would not face any disadvantages. He underscored the potential difficulties pilgrims might encounter during their stay in Saudi Arabia if the HGOs failed to meet the required standards.
However, the Supreme Court bench opted not to intervene, stating that all the concerns raised would be addressed by the Delhi High Court. Justice Surya Kant stressed that the pilgrims should be allowed to undertake their Haj pilgrimage without the added burden of ongoing litigation. He advised the Union government to refrain from taking any action against the HGOs until the pilgrims returned, as their stay in Saudi Arabia would not be protracted.
The issue originally arose from multiple pleas filed before the Delhi High Court by various private HGOs challenging the suspension of their registration certificates and allocated quotas, as stated in the “Consolidated List of Allocation of Haj quota for Haj-2023” released by the Union Government on May 25.
To ensure the pilgrims were not impeded from completing their Hajj journey, the Delhi High Court temporarily stayed the comments made against the HGOs in the consolidated list. The court held the preliminary view 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 affect 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 “noble-intentioned citizens” seeking to undertake the Hajj pilgrimage.
