'Let Pilgrims Go Without Psychological Pressure': Supreme Court Refuses To Hear Plea Against Stay On Suspension Of Haj Group Organisers’ Registration

The Supreme Court today refused to entertain an appeal filed by the Union government against the Delhi High Court order which had stayed the suspension of registration of certain private Haj Group Organisers.

The issue arose before a vacation bench comprising Justice Surya Kant and Justice MM Sundresh. ASG Sanjay Jain, appearing for the Union, argued that if the private Haj operators, which he described as "delinquents", were permitted to carry on Haj tours, it was the pilgrims who would ultimately suffer.

However, the bench noted that the matter was already coming up before a Division Bench of the Delhi High Court on July 7 and thus, the Supreme Court did not need to interfere in the same. The Court added that the Union should let the pilgrims go to Haj without any psychological pressure of ongoing litigation. 

While elaborating upon the issue, ASG Jain said–

"There is a system in place. Saudi Arabia grants a quota– 80% goes to the Haj Committee of India and the remaining is operated through the Haj Group Organisers (HGOs). HGOs have to meet certain criteria. In month of May, 512 HGOs were cleared. On 25th May, we received a serious complaint against some of them. They then approached the High Court of Delhi..."

He added that the Union Government did not wish to negatively impact the pilgrims in any manner. Further, the government was willing to ensure that the pilgrims did not have to pay anything extra from their own pocket. He proposed–

"We don't want to impact the Haj pilgrims in any manner. They will not have to spend anything extra from pocket. Their travel will be given to other HGOs. The Government of India is giving them a financial guarantee."

He further highlighted that even the Delhi High Court passed the order to ensure that the interest of pilgrims should not be compromised in any manner. He said– "The concern of the High Court was also that the pilgrims should not be disadvantaged. If these HGOs are not up to the mark, the pilgrims will face difficulties in Saudi Arabia."

However, the bench was disinclined to entertain the matter. Justice Surya Kant remarked– "All these contentions will be dealt by the High Court. Let the pilgrims go to Haj without any psychological pressure of ongoing litigation...It would be wiser for you to not take any action against them (HGOs) till they come back...they won't stay in Saudi Arabia till long."

Background

A batch of pleas moved before the Delhi High Court by various private Haj Group Organizers challenging the suspension of their registration certificates and quota published in the “Consolidated List of Allocation of Haj quota for Haj-2023” by the Union Government on May 25.

The Delhi High Court 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. The court was 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, the same should not be held against the pilgrims who registered themselves with such organizers to undertake the pilgrimage in good faith.

A single bench comprising 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” seeking to undertake Haj pilgrimage.

Union Of India Versus Suhail Haj And Umrah Tours [SLP (CIVIL) Diary No(s). 24394/2023]

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