delhi high court
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The Delhi High Court has stayed the suspension of quota and registration certificates of several Haj group organisers, saying Haj is not just a holiday for Muslims, but a means to practice their religion and belief, which is a fundamental right. The quota and registration certificates of Haj Group Organizers (HGOs), who work as tour operators for the pilgrims, were suspended by the central government last month.
A vacation bench of Justice Chandra Dhari Singh was considering petitions of over 13 such HGOs. In its order on Wednesday, the bench said, Haj pilgrimage and its celebrations fall within the purview of a religious practice, which is protected in the Constitution of India and the court is the protector of that right. The bench stayed the observations made by the Center regarding the registration certificate and quota in the consolidated list of allocation of Haj quota for Haj-2023, released on May 25, till the proceedings in the matter are completed. The bench clarified that the authorities may proceed with the investigation in pursuance of the show cause notice issued to the petitioners for their alleged lapse.
Center should ensure that Haj pilgrims do not suffer due to lapses of tour operators
This pertains to the Haj pilgrims who intend to perform Haj and have made advance payment to the petitioners for the five-day pilgrimage to Mecca, the bench said. The Center should ensure that these passengers are not put to hardship due to the alleged lapses of the tour operators and that they are able to travel without any hindrance.
Center claims – We have the right to cancel the registration of HGO
- The Center told the court that it has the right to suspend or cancel the registration of HGOs in case of non-compliance of any of the terms and conditions. He is unwilling to risk the fate of the pilgrims in the hands of these non-compliant HGOs.
- The Center also said that allowing the petitioners to take the pilgrims to the Kingdom of Saudi Arabia would not be in the spirit of the bilateral agreement between the two countries after the disclosure of serious violations of the law. Only registered and verified HGOs are allowed under the agreement.
- To this, the bench said, though restrictions and conditions may be imposed on the issue of registration certificate and allocation of quota to the petitioner, but the same should not be held against the pilgrims, who in good faith have entered into an agreement with such entities to perform the pilgrimage. Had registered.
This year 1.75 lakh have registered
For 2023, 1,75,025 Haj pilgrims have registered. Of this, 1,40,000 are from Haj Committee of India and 35,025 are under HGO.
