The Supreme Court (SC) on Wednesday adjourned hearing of 17 identical petitions, challenging Lahore High Court verdict against distribution of tour operators' quota under Hajj Policy 2011. Al-Rahem Travels & Tours (Pvt) Limited and 16 other petitioners have filed the petition under article 185(3) of the Constitution by making Ministry of Religious Affairs, Hajj, Zakat, Ushr through its Secretary, respondent.
A four-member special bench comprising Justice Javed Iqbal, Justice Mian Shahirullah Jan, Justice Tassaduq Hussain Jillani and Justice Khilji Arif Hussain was hearing the petitions. The petitioners have sought to set aside LHC judgement of June 6, which ruled against distribution of quota under Hajj Policy 2011 and also cancelled the quotas allotted to hundreds of tour operators.
The bench observed that the court's objective was to save the intending pilgrims from difficulties and asked the parties to understand the message of Sura-e-Hajj which directs to provide facilities to pilgrims. The bench also observed that Hajj Policy issue was raised intentionally and responsibility was shifted to the court. Defending the LHC judgement, Advocate Azhar Siddique resumed argument and informed the bench that quota was allotted to the Hajj Group Operators (HGOs) on May 23 this year whereas the petitions in this regard were filed in LHC during April, 2011.
He pleaded that to provide residential and others facilities to pilgrims, government of Pakistan entered into contract with a private firm of Kingdom of Saudi Arabia (KSA) which has no legal implications. He further told the bench that pilgrims were issued visas till September last year; so there was sufficient time to issue visas for the upcoming Hajj.
Advocate Hamid Khan contended that the government was exercising delaying tactics instead of implementing the judgement, and added that the federal government had filed appeal in the SC after 18 days of LHC judgement. He informed the bench that new Hajj Policy was formed but registration of new tour operators was ignored which shows mala fide of the government. He added that those operators were also given quotas who were involved in irregularities last year. The court adjourned hearing till Thursday.
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