The Supreme Court in the case observed and has refused to entertain an appeal moved by the Union government against the Delhi High Court order which had stayed the suspension of registration of certain private Haj Group Organisers.
The vacation bench comprising of Justice Surya Kant and Justice MM Sundresh. ASG Sanjay Jain was hearing the present matter wherein it has been argued by the the counsel, ASG Sanjay Jain, appearing for the Union that if the private Haj operators, which he described as ‘delinquents; who were permitted to carry on Haj tours, it was the pilgrims who would ultimately suffer.
It has also been noted by the bench in the case that the matter was already coming up before a Division Bench of the Delhi High Court on July 7 and thus, the Supreme Court in the case did not need to interfere in the same.
Adding to it, the court stated that the Union should let the pilgrims go to Haj without any psychological pressure of ongoing litigation.
The counsel, ASG Sanjay Jain stated before the court that there being a system in place and the Saudi Arabia grants a quota– 80% goes to the Haj Committee of India and the remaining is operated through the Haj Group Organisers, HGOs. Thus, the HGOs have to meet certain criteria. In month of May, thus, 512 HGOs were clear. The serious complaint was received against them on May 25 and then they approached the High Court.
Adding to it, he stated that the Union Government did not wish to negatively impact the pilgrims in any manner and that the government was willing to ensure that the pilgrims did not have to pay anything extra from their own pocket.
Further, it has also been highlighted by him in the case that even the Delhi High Court passed the order for ensuring that the interest of pilgrims should not be compromised in any manner.
Therefore, the said bench was disinclined to entertain the matter.
The bench of Justice Surya Kant stated that all these contentions will be dealt by the High Court.
Background of the Case: The batch of petition was moved before the Delhi High Court by various private Haj Group Organizers wherein it challenged the suspension of their registration certificates and the quota published in the Consolidated List of Allocation of Haj quota for Haj-2023 by the Union Government on May 25, 2023.
Therefore, the Delhi High Court in the case stayed the comments made in the consolidated list against the Haj Group Organizers to ensure that the pilgrims are not obstructed from completing their Haj journey. Thus, the said court being of the prima facie opinion that although restrictions and conditions on the issuance of Registration Certificate and Quota allotted to the Haj Group Organizers may be imposed and the same should not be held against the pilgrims who have registered themselves with such organizers to undertake the pilgrimage in good faith. The single bench comprising of Justice Chandra Dhari Singh added that an alternative must be put into effect so that the law should not become a hurdle for the noble-intentioned citizens, wherein seeking to undertake Haj pilgrimage.
