The Supreme Court on Monday adjourned the hearing on petitions, praying for leave to appeal to set aside Lahore High Court verdict against the distribution of quota under the Hajj Policy 2011 for Tuesday (today). 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.
Advocates Akram Sheikh, Ahmer Bilal Sufi and Azhar Siddique, argued before the bench as counsels for 17 Hajj Group Operators (HGO) whereas former law minister Dr Babar Awan represented the Federation in the case. As many as 17 petitions have been filed on June 6,2011 under Article 185(3) of the Constitution by making Ministry of Religious Affairs, Hajj, Zakat , Usher through its Secretary as respondent. The petitioners have prayed for dismissal of Lahore High Court decision in the case.
The LHC had ruled against the distribution of quota under the Hajj Policy 2011 and cancelled the quota allotted to hundreds of tour operators. The petitioners had prayed for leave to appeal to set aside the judgement of June 6, 2011 passed by a full bench of the LHC on the Hajj policy 2011.
Akram Sheikh pleaded that without hearing the contentions of his clients (HGO), the LHC issued its verdict, adding that Article 18 of the Constitution of Pakistan was not applicable to the companies whereas his clients have completed all the arrangements including buying of tickets after obtaining quota. He added that record about all these arrangements could be found at Ministry of Religious Affairs, Hajj, Zakat and Usher.
Justice Mian Shahirullah Jan observed that the LHC had not cancelled the Hajj Policy but has directed to register tour operators on merit. While submitting before the court, counsel for other HGOs, Ahmer Bilal Sofi contended that Hajj quota allotment was a bilateral agreement between Kingdom of Saudi Arabia and Pakistan which could not be breached according to the international norms.
The bench observed that it was the prerogative of the government to decide upon the services, delivered under Article 18 of the Constitution. Counsel for the federation Dr Babar Awan pleaded that no blue eyed was given Hajj quota in 2006 but the cabinet approved the Hajj Policy 2006, adding that the portion of LHC verdict in this regard may be expunged. He added those 96 tour operators were registered in 2010 whereas a total of 126 tour operators were registered with Religious Ministry so far. The hearing was adjourned till Tuesday (Today).