The Supreme Court on Monday adjourned hearing of the case regarding allocation of Haj quota for private tour operators by the Ministry of Religious Affairs till July 21. A three-member bench of the apex court comprising Chief Justice Abdul Hameed Dogar, Justice Mohammad Qaim Jan Khan and Justice Chaudhry Ejaz Yousaf directed for a day-to-day hearing of the case.
A number of private tour operators, who were denied reasonable quota by the Ministry, had moved the Lahore High Court (LHC), contending that the Ministry had arbitrarily allotted the quota, without any qualification criteria of selection. The (LHC) had directed the Ministry to review its policy of allotting Haj quota. On July 12, 2007 the Supreme Court had cancelled the existing provisional Haj quota for private tour operators allotted by the Ministry of Religious Affairs.
The court had also ordered formation of an independent committee to scrutinise provisional allotment of quotas and their reallocation. On May 26, 2008 the court had directed the Ministry to submit its policy for private Haj tour operators within 15 days.
Advocate Talib Rizvi appeared as counsel for the Ministry. On Monday, the court asked the Ministry to furnish the record of committee's meetings planned for addressing the grievances of private tour operators. Wakeel Ahmed Khan, Secretary, Ministry of Religious Affairs, said that the committee had invited every private tour operator. Most of these applicants had also applied for quota last year, he added.
He said that the Ministry had completed its work for formulation of new policy. The proposed policy would be sent to the Prime Minster for approval after the decision of the court, he added. He said that last year the operators had done a commendable job in making arrangements for the pilgrims, and the Saudi government had rated the arrangements equal to the Malaysian operators.
He said: "We have very little time, as the Haj season is nearing. Allocation of quota to new operators involves a risk. Therefore, the Ministry should be allowed to continue its scheme, adopted last year." He said that the Saudi government has imposed a condition that operators who performed well last year would be given quota. Talib said that petitions of private tour operators were not maintainable as none of them was a party in the High Court. No sooner did they come to know about the petition in the Supreme Court, they rushed for relief, he added.
He said that due to such challenge of Haj policy, the Saudi government had barred Iranian pilgrims for one year and Libyan for two years. "We should not invite such sanctions," he added.
The private tour operators are of the view that if the court through an interim order allows the Ministry to allot quota only to the operators who got it last year, then it would be injustice with them as they had applied for the quota in 2006. The court said that it would not go for any unilateral decision, and would give time to every operator for presenting his point of view.
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