Supreme Court Issues Notice On Tour Operator's Plea For Being Considered For Listing As Private Tour Operator for Hajj-2023

A Bench comprising Justice Abdul Nazeer and Justice Hima Kohli initially issued notice returnable in 6 weeks. Senior Advocate, Mr. Salman Khurshid appearing for the petitioner requested if it can be made returnable in 4 weeks. Justice Nazeer acceded to the request of the Senior Counsel.

In 2018, one Muzammil Khan who had availed the land package booking of the petitioner withdrew the package and got his refund (INR 21,00,000) excluding the forfeiture amount of INR 300000. On 21.09.2019, the said person allegedly made a frivolous police complaint that he is yet to get a refund of INR 13,00,000. On 14.03.2019, the police closed the complaint.

On 12.03.2020, a show cause notice was issued by the Union Government on the allegations made by Muzammil Khan and the petitioner was asked show cause as to why its security deposit with the Government should not be forfeited and why the petition should not be blacklisted. The petitioner responded to the show cause notice. Thereafter, on 25.03.2022 it was issued provisional registration and allocation of quota to PTOs/Hajj Group Organisers (HGOs) for Hajj-2022, but in the list of PTOs/HGOs its name was not mentioned. The petitioner approached the Apex Court, and the Court asked it to make a presentation before the concerned authority. Accordingly, representations were made. In a letter dated 22.07.2022 the Union Government in vague terms informed the petitioner that the complaint was under consideration and refused to enlist it for Hajj-2022.

The petitioner is a tour operator that organises Hajj, Umrah and Ziyatrat tours. The petition has been filed seeking enforcement of their fundamental right guaranteed under Article 19(1)(g) of the Constitution of India (right to practice any profession or carry out any occupation, trade or business) which had been previously denied due to a frivolous complaint lodged in 2019. The petition also claims that even upon submitting repeated representations, the complaint has neither been decided nor disposed of.

The petition submits that the Union Government had not included the name of Al Islam Tours Corporation in the list of PTOs/HGOs for Hajj, 2022, contrary to the decision of the Apex Court in Union of India v. Rafiwue Shaikh Bhikan. It argues that the action of the Union Government is in violation of Article 14, 19, 21 and 25 of the Constitution of India.

Background

A bilateral treaty was signed between the Government of India and the Kingdom of Saudi Arabia whereby the Government assigns a fixed number of pilgrims that are permitted to visit and perform Hajj. Prior to 2002, the PTOs were directly allotted Hajj seats by the Kingdom of Saudi Arabia. However, post 2002, it has been made mandatory for PTOs to be approved by the Government of India. While deciding a Writ Petition filed by All Ismail Hajj Tour, in 2016, the Apex Court had noted that the Union Government asking for documents every year from PTOs that are seeking to be considered for allotment of quota of Hajj pilgrims is wholly illogical and contrary to the approved Government policy.

In 2019, as the petitioner declined to submit its application, the petitioner had filed a writ petition seeking directions for consideration as PTO for the Hajj of year 2019. It also sought the acceptance of the application form of the petitioner for registration and allocation of Hajj quota for Hajj-2019. The Apex Court directed the Union Government to consider the application of the petitioner and not reject the same on the ground that the physical papers were submitted at 5:15PM instead of the deadline of 5PM.

Again in 2022, stating that the complaint of Mr. Khan was under consideration, the Union Government had refused to include the petitioner in the list of PTOs for Hajj-2022.

The petitioner was represented by Senior Advocate, Mr. Salman Khurshid and the petition was filed through Advocate-on-Record, Mr. Vikas Jain.

[Case Title: Al Islam Tours Corporation v. UoI WP(C) No. 1066/2022]