ISLAMABAD: A group of 12 registered Haj operators on Monday approached the Supreme Court, seeking initiation of contempt proceedings against officials of the Haj ministry for allegedly allowing cartelisation of Haj operations in flagrant violation of earlier judgments of the top court.

Led by Daanish Haj Services through Advocate Umer Ijaz Gilani, the petition alleged that over the last decade, the total private sector Haj quota of 90,000 has been monopolised by members of the Haj Operators of Pakistan (HOAP), a cartel of 769 companies.

This cartel, in connivance with government officials, has ensured that another group of 1,157 registered Haj operators, who are not members of HOAP, does not get any share in the Haj quota.

The petitioners alleged that this monopolisation is responsible for making Haj very expensive, adding that if a larger pool of Haj operators were freely competing with each other, this would inevitably lead to better services and more affordable prices for the pilgrims.

Petition says ‘cartelisation of Haj operations’ is flagrant violation of judgements

Major SC precedents

The petition also cited major Supreme Court precedents namely 2014 Messrs Dossani Travels Pvt Ltd 2014 case in which the top court had held that the discrimination between HOAP members and other Haj operator was unreasonable.

Similarly, in 2017 Muhammad Arif Idrees case, the top court reiterated by holding that there was absolutely no basis, rationale or justification for continuing to grant quota only to those who have been granted such quota earlier also.

The contempt petition pleaded that despite these court orders over the past decade, Haj Group Organisers who were not part of the alleged cartel, have not received any quota.

The petitioners filed the contempt petition in the Supreme Court urging the court to get its order implemented by naming as respondents: Secretary of Ministry of Religious Affairs (MORA) Zulfiqar Haider as well as other officials concerned including Dr Aftab Akbar Durrani, Musawwar Abbas, Noman Naik, Pir M Ishaq, Barrister Munawwar Iqbal and Jamal Khan Tarakai.

The petition pleaded the Supreme Court to initiate the contempt proceedings against the respondents for violating earlier orders of the Supreme Court.

The petitioners further pleaded that the petition is being filed when preparation and planning for the next Haj has just started.

The petition pleaded that under Article 20 read with Article 31 of the Constitution, the State and its officials are bound to act in a manner which secures the right of the country’s Muslims to live their lives in accordance with the teachings and injunctions of Islam, foremost amongst these the Arkan-al-Islamal-Khamsa – the fifth pillars of which Haj is one.

The failure of the State functionaries to implement the earlier court judgments of the Supreme Court is not only contemptuous, it is also directly linked with creating impediments in the performance of one of the core pillars of Islam.

Therefore, the petitioners humbly request the Supreme Court to take urgent notice of the matter, the petition said.

Published in Dawn, September 3rd, 2024