New Delhi, Sep 23 (PTI) The Delhi High Court has set aside the Centre’s decision to blacklist several Haj Group Organizers over alleged violations of the Haj Policy, 2023.
Justice Sanjeev Narua, while dealing with over 15 pleas by the organisers, said the show cause notices issued to the petitioners had “vague language” and therefore blacklisting orders were legally unsustainable and in violation of the principles of natural justice.
The Ministry of Minority Affairs last year blacklisted the petitioners from applying for registration as ‘Haj Group Organizers’ (HGO) for periods ranging from five to 15 years, effective from Haj, 2024, and also ordered the forfeiture of their security deposits.
Show cause notices were issued in May 2023 by the authorities following a complaint alleging cartelization and black marketing of HGO seats.
“While the impugned orders (of blacklisting) are elaborate and explicitly cite specific provisions and clauses of the Haj Policy, 2023, which the petitioners were found to be violating, the show cause notices do not refer to any particular violations of the Haj Policy, 2023, attributable to the petitioners.
“Therefore, in the absence of specific details of the provisions in the show cause notices about the proposed action of blacklisting or debarment, the Petitioners were denied a fair opportunity to mount a proper defence against such severe punitive measures,” said the court in the September 18 order.
“The impugned orders in all the afore-noted petitions are set aside,” it ordered.
Clarifying that it has not delved into the merits, the court however directed the ministry to issue fresh show cause notices within one week, delineating the clauses of the Haj Policy which were allegedly violated and the proposed action.
It added that a fresh decision shall then be rendered by the authorities within 10 days, after considering the response of the petitioners thoroughly.
It further said that since the petitioners are now eligible to apply for Haj-2025, their applications would be scrutinized in accordance with law but the allocation of seats shall proceed only after decisions are taken on the fresh show cause notices.
The court also said the security deposit submitted by the petitioners for Haj 2023 shall be “rolled over” for Haj, 2025, subject to the petitioners paying any enhanced deposit amount.
Centre defended the blacklisting on the grounds that it was necessary in the public interest and to safeguard the interests of pilgrims.
It was argued that the legal requirement to give due notice in relation to the alleged violations of the Haj Policy was provided and the penalties were crucial to maintain the integrity of the Haj pilgrimage process.
The petitioners denied all the allegations against them.
The court emphasised that the fundamental principle of natural justice necessitates that the notice must “explicitly mention” the possibility of blacklisting or debarment and also give a “clear opportunity” to a party to respond adequately to such a serious consequence, which often leads to the “civil death” of the organization.
“Upon perusal of the show cause notice, it becomes evident that the notices issued to the petitioners fall short of the requisite legal threshold that must be met before taking such a drastic action as blacklisting or debarment,” it said. PTI ADS ADS NSD NSD
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