ISLAMABAD: The Supreme Court on Thursday set aside a decision of the Lahore High Court over 2011 Hajj Policy and directed that the policy for the new season and onwards should be fair and transparent.
The Suprme Court aslo directed that future policies should be made public without claiming any privilege by the authorities concerned.
The special four-member bench comprising Justice Javed Iqbal, Justice Mian Shakirullah Jan, Justice Tassaduq Hussain Jillani and Justice Khilji Arif Hussain announced the short order after conclusion of arguments by the parties.
The decision was read out by Justice Javed Iqbal, who was heading the bench.
The Ministry of Religious Affairs was also directed to decide the pleas in accordance with law.
All the petitions were converted into appeals by the bench.
The bench heard a number of pleas filed by the Ministry of Religious
Affairs, Hajj, Zakat, Usher, M/s Al-Raham Travels & Tours (Pvt) Ltd, Pak Qurtaba Travels (Pvt) Ltd, Al-Fatah International Tours (Pvt) Ltd. & others Vs. Meerub Travel & Tours (Pvt) Ltd. Lahore etc; against Lahore High Court(LHC) verdict of June 6 holding this year's Hajj policy illegal.
Counsel for the respondents, including Ahmed Awais, Azhar Siddique and Hamid Khan concluded their arguments, stating that the new Hajj Tours Operators deserved to be allocated a quota under Hajj policy.
Muhammad Akram Sheikh, Aitzaz Ahsan, Ikram Chaudhry etc, counsel for the operators who were granted quota, contended that new quota could not be granted at this stage.
They said that the LHC had also cancelled their allotted quota as well which was unfair.
During previous proceedings, Dr Babar Awan, counsel for the Ministry of Religious Affairs apprised the court that they had implemented major portions of international agreements regarding the Hajj policy.
He said these agreements were not only of bilateral significance but also of trans-national value.
He said the government acted on Hajj policy on its part and implemented its obligations regarding private partners, which were fulfilled when they issued them offer letters on March 23.
He said the Lahore High Court was not a proper forum over the policy issues.
"The writ jurisdiction in policy matters may be exercised with rarity and not with generosity," he added.
He said due to the LHC verdict about 90,000 intending pilgrims were affected who would be performing Hajj through private quota since the last date for entertaining such requests was set for July 15 by the Saudi government.
He prayed to the court that the operational verdict of the Lahore High Court should be suspended as it could not sustain grounds.
Ikram Chaudhry, counsel for Pakistan Tours operators, said that they had a quota of sending about 25,936 pilgrims and had received Rs 5 billion from them.
He said the quota had been in force since the year 2005. He contended that the Lahore High Court had materially omitted certain aspects. Aitzaz Ahsan, counsel for a number of operators said that the LHC was cognizant of all the facts. He said the LHC had made observations over the prospects of mala fide but did not cite reasons.
Azhar Siddique, counsel for M/s National Air Travel, respondents in the case, said that the petitioners on one hand were assailing the LHC verdict while on the other, arguing that the process had been completed which showed their mala fide.
He said the discrimination in quota policy, started after Ejaz ul Haq, the former religious minister, had allocated quota to Zain Foundation and Ziaul Haq Foundation as they had funded the policy.
He said extending quota to these operators, meant licensing for business which was against Article 18 of the Constitution.
Copyright APP (Associated Press of Pakistan), 2011
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