ISLAMABAD: The Supreme Court on Monday regretted the rampant fraud committed with innocent and rustic people who were looted each year with the commencement of the Haj season by unauthorised tour operators and different so-called agencies.

Therefore, the judicial notice of the increasing menace of frauds practised in religious and pious matters is necessary and the courts are required to treat such cases differently to bring such frauds to a halt, observes Justice Dost Mohammad Khan in a judgement he authored.

Justice Khan was part of a three-judge Supreme Court bench headed by Justice Mushir Alam which had taken up an appeal by Haji Shahid Hussain against the Oct 17, 2016 order which had declined to grant him bail.

The petitioner (Haji Hussain) was running with mutual collaboration of his co-accused, a fake travel agency by trade name “M. Mustafa Manpower Travel Agency,” an office of which was located at the Japan Chowk in Shakoor Bazaar, Charsadda district.

Departments asked to take action against unauthorised tour operators

They allegedly deceived a large number of intending pilgrims of the last season and collected a huge sum of money fraudulently, the judgement deplored. After defrauding the people, all the partners of the tour operator, including Qari Ameer Ahmed Shah, disappeared with the collected money but pilgrims were neither sent to Saudi Arabia for Haj nor were the money returned.

After registration of the case, local police’s investigation revealed that even the tour operator was not registered with the Tourism Department of Khyber Pakhtunkhwa (KP).

Justice Khan also regretted in his verdict that the petitioner (Haji Hussain) was well connected with the crime.

Taking notice of laxity, the Supreme Court ordered the Ministry of Religious Affairs to create awareness in the public, particularly of the far-flung areas, through electronic and print media at the district, tehsil and union council level indicating the approved and authorised Haj and tour operators, listed on the approved list of the ministry with a fixed quota.

This list should also indicate how much money/fee can be collected from each individual to be sent for performing Haj or Umrah and what facilities they are required to provide at the holy places in the Kingdom of Saudi Arabia during the performance of rituals, including travel and transport facilities of a particular category, the judgement said.

Such negligence on the part of the ministry provides golden opportunities to the mafia involved in the detestable business of running fake tour and Haj operator agencies, without little fear of the grip of the law, while defrauding the people, the judgement said.

Thus, it has become imperative to issue directions within the powers vested in the Supreme Court under Articles 184 (3) and 187 of the constitution to the relevant authorities of the federal and the provincial governments to do what is required by the law and the constitution, the judgement said.

Dismissing the appeal, the apex court also expressed its shock that despite transfer of investigation to the National Accountability Bureau (NAB), KP, no action has so far been taken by the bureau.

Unauthorised Haj and Umrah tour operators, the judgement regrets, have swindled millions of rupees of poor people, but the watchdogs assigned to prevent corrupt practices and fraud remain in deep slumber till the time crimes are fully committed and then, on the complaint of the aggrieved people they start investigation.

Prevention of such crimes is the constitutional and statutory obligation of NAB, Federal Investigation Agency (FIA), Anti-Corruption Establishment, police and all relevant ministries/authorities/statutory bodies within the federal and provincial governments, the judgement said.

The court ordered the ministry to update its website in English, Urdu and all local languages conveniently readable and understandable by illiterate people, showing all details about the duly approved Haj and Umrah tour operators, warning the public at large that except those mentioned on the website, no other agency or tour operator is authorised to make booking or collect money for sending people to perform Haj or Umrah.

At the same time, the ministry will also give wide publicity to such lists through electronic and print media and also through handbills/notifications in different languages, which shall be sent to the DCOs/deputy commissioners and DPOs of each and every district of each province and the Islamabad Capital Territory (ICT).

The court issued directives for sending copies of the judgement to the ministries of religious affairs, information and broadcasting, all chief secretaries and the chief commissioner of the ICT.

“The copies should also be sent to the additional registrar (judicial) of the Supreme Court, which shall be placed before us in Chambers for our perusal and be made part of the present case file.”

Similarly, the duly authorised/approved Haj and Umrah tour operators will display on their offices, the authority letter/licence number, date of issue, the quota allotted and the amount chargeable by them, permitted by the ministry of religious affairs.

The operators will also be made liable to execute a guaranty/indemnity bond that they will publish a booklet/handbill, to be handed over to each applicant, desirous to perform Haj and Umrah, which should contain all details of expenses, chargeable and all the facilities, to be provided to them during transit from Pakistan to Saudi Arabia and within the kingdom, including transport, lodging boarding, provision of food and other facilities required of them.

Services of the National Database & Registration Authority and Pakistan Telecommunication Authority be availed to provide multiple Universal Access Number(s) (UAN), cell phone and landlines facilities and public be informed to get verification and authentic information from the ministry about every Haj” and Umrah” private operators, including the amount of money chargeable.

The entire exercise, the judgement said, should be done positively within two months and this campaign be vigorously carried out at least three months before Haj season of the next year commences.

Published in Dawn, February 28th, 2017