The Supreme Court of Pakistan on Thursday overruled the Lahore High Court
(LHC) verdict on the suspension of Hajj Policy 2011 and has directed
the government to allot the Hajj quota to all applicant tour operators
by following the law and constitution from the next year; meanwhile the
court also directed the government to implant the Hajj Policy in a
transparent manner.
The short verdict was announced by a four member bench of the apex
court headed by Justice Javed Iqbal and comprising Justice Mian
Shakirullah Jan, Justice Tassaduq Hussain Jeelani and Justice Khilji
Arif Hussain on the plea of Ministry of Religious Affairs against the
suspension of LHC verdict regarding the Hajj Policy 2011.
During the hearing Barristor Aitzaz Ahsan, Hamid Khan, Azhar
Siddique, Ikram Chaudhry, and Owais Ahmad Advocate presented arguments
on behalf of the tour operators; meanwhile Babar Awan presented
arguments on behalf of Ministry of Religious Affairs, Akram Sheikh
Advocate presented arguments on behalf of tour operators while
Additional Attorney General KK Agha presented his arguments on the
notice issued by the apex court.
When the hearing of the case started Ahmad Awais Advocate arguing
before the court said that no agreement was struck between the Saudi
government and Ministry of Religious Affairs, adding that his client
was being discriminated by the government.
He said that delaying tactics are being used to deprive his client,
adding that four, four people from a single family had given the Hajj
quota by bypassing the rules and regulations.
Addition Attorney General KK Agha while replying on the court notice
argued that arrangements of Hajj has been completed by the government,
adding that in a meting with Saudi government complete plan of Hajj has
been discussed.
He said that we gave respect regarding our relations with
international community, adding that the government cannot request the
Saudi government for fresh arrangements meanwhile he requested the apex
court to cancel the LHC decision.
He said that the policies made by administration could not be
challenged, adding that we are unable to request the Saudi government
to issue more visas for the tour operators.
On behalf of tour operators Akram Sheikh Advocate questioned that
according to which law these non-registered tour operators are asking
for quota, adding that they are fighting for their personal benefits
and not for the benefit of people; meanwhile he said that these
non-registered tour operators illegally issuing advertisements in
newspapers.
Babar Awan when started arguments on behalf of federation the apex
court asked the Babar Awan that in a plea filed in Sindh high court the
government agreed to issue quota to new tour operations on this Babar
replied that the federation reviewing its stance because the reply was
submitted without any consultation with the Ministry of Religious
Affairs.
He said that the government banned the registration of new Hajj tour
operators during this year, adding that no delaying tactics were being
used for Hajj operation; meanwhile he said that the Hajj operation was
delayed due to cases registered in courts. SANA