ISLAMABAD: The Supreme Court on Tuesday ordered the government to maintain its earlier direction of keeping the Haj quota for private tour operators at 40 per cent from the earlier 50 per cent.

A five-judge Supreme Court larger bench headed by Justice Gulzar Ahmed announced the court judgement after hearing a set of intra court appeals against its direction of April 21 in which the court had asked the government to accommodate new Haj tour operators in a fair manner.

Haj quota has become a chronic issue since it surfaces every year with a number of petitions instituted against the government policy. On May 17 also, the Supreme Court ordered the government to reframe the newly approved Haj policy 2017 by accommodating those private Haj tour operators who were denied quota earlier, adding that no Haj group organisers (HGO) should suffer on account of being a comparatively new or junior entrant.

Hajj Organisers Association of Pakistan (HOAP) with 742 members had challenged the April 21 order with a plea before the apex court to set aside the same.

In one of its appeals, Ministry of Religious Affairs (MoRA) Secretary Khalid Masood Chaudhry through Deputy Attorney General Sohail Mahmood had pleaded before the Supreme Court to allow the ministry to devise fresh and transparent formula or criteria for the allocation of Haj quota to private sector on competitive basis, but after Haj 2017. The new formula if framed, will be applicable both on the existing and newly enrolled HGOs/new entrants equally for Haj 2018.

But the larger bench directed MoRA to follow the 2013 judgement in the Messers Dossani Travels Pvt Ltd case which required the government to constitute a special committee before framing future Haj policies to be headed by the MoRA secretary and nominees of the Competition Commission of Pakistan, foreign affairs and law ministries as well as the attorney general.

In its appeal, the MoRA pleaded that the policy formulation committee with majority vote had recommended the increase of allocation in respect of the government Haj scheme to 60 per cent from earlier 50 per cent. As such there is no scope for allocation of Haj quota to the newly enrolled companies for Haj 2017.

Moreover, the Haj policy 2017 was framed by a committee constituted in pursuance of the Dossani judgement which complied with all the directions issued by the apex court, which was also approved by the cabinet on April 12.

The appeal also highlighted that the mandate of the MoRA was not to give business to private tour operators but to regulate services of private operators. Therefore, no private tour operators can claim allocation of Haj quota as a right.

At present 2014 tour operators have been enrolled with the MoRA in 2012 and waiting in queue for the allocation of the quota as per their merit determined by chartered accountant firms.

Moreover, making arrangements for Haj is a time bound activity both in Pakistan as well as in the Kingdom of Saudi Arabia (KSA) and is carried out as per time schedule set out in annual Haj agreements concluded between the government of Pakistan and the KSA which is binding in nature.

To ensure foolproof arrangements starting from transportation of 179,210 pilgrims to the KSA, their lodging and boarding, hiring of transport for their mobility in the KSA, provision of medical facility, hiring of Makatib and their safe return to Pakistan is the prime responsibility of the MoRA, the appeal argued.

The review of quota regime is a time taking exercise, the appeal argued, adding the MoRA was constrained to finalise allocation of Haj quota to any tour operator in the time limit fixed by the Supreme Court due to engagement in the ongoing Haj arrangements both in Pakistan and the KSA keeping in view the time schedule fixed for each activity by the host country.

Not only this, the Haj policy will also be required to revalidate to that extent by the cabinet. Any action in haste by the ministry may not only jeopardise the interest of pilgrims but also would earn bad name for Pakistan, the appeal feared.

Published in Dawn, June 7th, 2017