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‘Haj protected under Constitution’ — Delhi HC stays govt suspension of organisers’ certificates, quotas

In their petition, several Haj Group Organisers — govt-approved group tour operators that organise the pilgrimage — claimed their certificates & quotas were suspended after they were found eligible.

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New Delhi: Asserting that the Haj pilgrimage falls within religious practices protected by Article 25 of the Constitution, the Delhi High Court Wednesday stayed the Modi government’s decision to suspend the registration certificate and quotas for several Haj Group Organisers (HGOs) — government-approved group tour operators that organise the pilgrimage

Justice Chandra Dhari Singh observed: “Haj pilgrimage and the ceremonies involved therein fall within the ambit of a religious practice, which is protected by the Constitution of India”. Article 25 of the Constitution guarantees the freedom of conscience and the freedom to profess, practise and propagate religion to all citizens.

The court was hearing a batch of applications by over 13 HGOs that were challenging the government’s decision to suspend their registration certificates and quotas.

The central government had suspended the registration certificates and quotas of these HGOs through the ‘Consolidated List of Allocation of Haj Quota’ for Haj 2023 on 25 May and issued showcause notices to them. 

The list, issued by the central government in May, said that the “registration certificate and quota (was being) kept in abeyance till finalisation of proceedings” for some HGOs and came on the back of complaints of “default”. 

The petitioners said this was despite the fact that they had been issued registration certificates and quota allocations on 18 May. 

In its order, the court clarified that at this stage, it was primarily concerned with the pilgrims who intend to travel on the Haj pilgrimage and had paid in advance for it. It observed: “Traveling to Haj is not merely a holiday but is a medium of practising their religion and faith which is a fundamental right. This court, being the protector of the rights of the pilgrims, shall take the necessary steps in this regard.”

The petitioners said that they had already made bookings on behalf of pilgrims after they were found eligible, and that the decision to suspend their certificates and quotas not just violated the organisers’ rights, but also the rights of the pilgrims. 

On its part, the central government had submitted that the registration of certain organisers had been kept in abeyance “due to their wilful misrepresentation and misreporting of facts to the Ministry (Ministry of Minority Affairs), based on which they were registered as HGOs in the first place”. 


Also Read: Hajj frauds, umrah scams are trapping Indian Muslims. Pay and get ghosted


Haj pilgrimage

In its judgment, the court said the Haj pilgrimage is undertaken by thousands of Indian Muslims annually, and a bilateral treaty is executed between India and the Kingdom of Saudi Arabia every year to help them do so. In terms of this treaty, a quota of some pilgrims is allotted to India.

The pilgrimage can be undertaken from India either through the Haj Committee of India or through the Haj Group Organisers.

Under its current policy, the central government registers certain private operators or travel agents as HGOs. These registered HGOs are then allocated quotas from the overall number of seats. These organisers usually act as tour operators for pilgrims, and provide a complete package — it covers their travel from various places in India to Saudi Arabia and their return, their food and accommodation in Saudi Arabia, and even helps them with foreign exchange in the form of Saudi Riyals.

Only a limited number of pilgrims can undertake the Haj pilgrimage through the organisers. The Haj Committee organises the visit for the vast majority of Haj pilgrims in India. 

According to an agreement between India and Saudi Arabia for Haj 2023, a quota of 1,75,025 pilgrims (1,40,000 pilgrims for Haj Committee of India and 35,025 pilgrims for the Haj Group Organisers) has been allocated to India.

‘Pilgrims shouldn’t suffer’

The petitioners told the HC that if their registration certificates and quotas were not restored, the pilgrims who had booked packages through them would lose a once-in-a-lifetime opportunity.

The central government, meanwhile, submitted that several registrations were stayed after the ministry found “gross misrepresentation of facts” when a team of ministry officials visited the premises of these organisers.

Despite the government’s arguments, the court said it is of the prima facie opinion that although restrictions and conditions can be imposed for issuing registration certificates and quotas, these “should not be held against the pilgrims who, in good faith, registered with the petitioners/HGOs to undertake the pilgrimage”.

Doing so, according to the court, would defeat the purpose of the current Haj policy and would violate Article 25 of the Constitution. It observed: “Religious freedoms are one of the most cherished rights guaranteed and enshrined under the Constitution in line with the vision of the founding fathers of the Modern Indian Republic”. 

Allowing the applications, the court stayed the government’s decision to withhold the registration certificates and quotas of the petitioner organisers, although it said that the government could proceed with its own investigation into the alleged default. 

But the court ordered the central government to ensure that the pilgrims who have been affected by the alleged default do not suffer and are able to undertake the pilgrimage without any obstruction.

(Edited by Uttara Ramaswamy)


Also Read: 4,300 Indian Muslim women are going to Haj on their own. Here’s what it means to me


 

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