Hajj 2023: Gujarat High Court Directs State Haj Committee To Respond To Pilgrim's Representation For Change Of Embarkation Point

The Gujarat High Court has directed the State Haj Committee to take a decision on a request made by a Haj pilgrim to allow him to board the flight to Jeddah from Mumbai instead of Ahmedabad.

Online Haj application forms were invited by the Haj Committee of India and Gujarat State Haj Committee on 10.02.2023. The petitioner completed the online application, and during the draw to select haj pilgrims, his cover number was provisionally chosen.

Following the selection, the Haj Committee of India issued a circular, requiring provisionally selected pilgrims to deposit the first installment of Rs. 81,800/-. The petitioner promptly complied with the payment. Subsequently, a few days later, another circular was released, instructing provisionally selected pilgrims to deposit an additional balance amount of Rs. 1,70,000/- as part of the first installment, which the petitioner also paid.

Advocate M.A. Kharadi, representing the petitioner, highlighted that the total amount paid per person was Rs. 3,72,824/-. After the payment was made, a notice was issued by the Haj Committee of India, revealing a substantial difference in charges for Ahmedabad embarkation point.

It was also pointed out by Advocate Kharadi that the petitioner submitted a representation to the authorities, requesting a change in embarkation point from Ahmedabad to Mumbai and seeking a refund of the excess amount paid, which amounted to Rs. 67,981/-. Despite the representation being filed well in advance, the respondents failed to provide a response, leading to an alleged violation of their statutory obligations under Section 42 of the Hajj Committee Act, 2002, it was argued.

The advocate argued that the flights arranged by the Haj Committee of India are chartered flights, and it was within their purview to negotiate better terms for the benefit of Haj pilgrims. It was also alleged that the authorities had not provided any breakdown of the tentative Haj amount, indicating arbitrariness on their part.

“Considering Section 42 of the Hajj Committee Act, 2002 and the submissions advanced by Mr. Kharadi, learned advocate appearing for the petitioner, the representation dated 25.05.2023 preferred by the petitioner herein be decided within a period of two days from the date of receipt of this order,” Justice Vaibhavi D Nanavati said in the order.

The Haj flights commenced on June 7 and are scheduled to conclude on June 23.

Case Title: Ibrahim Muhammmadamin Kharadi Versus Ministry Of Minority Affairs Haj Division

Case Citation: 2023 Livelaw (Guj) 100

Appearance:

Mr Ma Kharadi(1032) For The Petitioner(S) No. 1 Notice Served For The Respondent(S) No. 1,2,4 Mr Ayaan Patel, Agp For The Respondent(S) No. 3

Click Here To Read/Download Order