Hajis Being Very Pious Pilgrims Should Not Be Handled By Persons With Allegations Of Swindling Or Deceiving People: Delhi HC Upholds Blacklisting Of Al Islam Tour Corporation

The Delhi High Court has underscored the importance of entrusting the management of Haj pilgrims solely to individuals and entities with impeccable integrity.

The Bench of Justice Subramonium Prasad emphasized that individuals with allegations of fraud or deception should not be involved in handling Haj pilgrims, given their sacred nature.

"The Hajis being very pious pilgrims should be handled only by such persons who do not have allegations of swindling or deceiving people on them," the Court observed. 

The Bench said, "The fact that criminal complaint has been closed against the Petitioner also does not mean that the Union of India should also close the complaint. It is well settled that the tests of conviction in a criminal jurisprudence is based on proof beyond reasonable doubt whereas an administrative action can be taken on the basis of preponderance of probabilities and the strict test of criminal law is not generally applied in disciplinary proceedings."

The Court's observations came while dismissing a Writ Petition filed by Al Islam Tour Corporation challenging the Centre's decision to blacklist it for a decade, effective from Haj 2021. This action followed a complaint from a Haj pilgrim alleging the corporation's involvement in defrauding him in 2013, where he claimed to have paid Rs. 13 lakh for pilgrimage services that were not rendered, and his money was not refunded upon cancellation.

While rejecting the plea, the Court highlighted that the Tour Corporation was not registered as a Haj Group Organizer (HGO) for Haj 2018, thereby indicating that it should not have engaged in any Haj-related activities without proper registration.

The Court emphasized the significance of Haj pilgrimage for many individuals, often representing a once-in-a-lifetime opportunity requiring substantial financial commitment. It noted the oversight of the Indian government in managing the Haj pilgrimage to ensure the welfare of its citizens, with each country allocated a quota by the Kingdom of Saudi Arabia (KSA) for pilgrims.

Furthermore, the Court acknowledged the role of the Haj Committee in facilitating pilgrimage permissions for Indian citizens, along side select Private Tour Operators with established experience in the field.

Considering the objectives of the Haj pilgrimage, the Court affirmed the Centre's decision, stating that the punitive measure imposed on the Petitioner did not warrant modification given the seriousness of the complaint and the Petitioner's conduct.

"Looking at the object of the Haj Pilgrimage and the purpose behind the Haj Policy, the complaint against the Petitioner and the conduct of the Petitioner, this Court is of the opinion that the punishment imposed on the Petitioner by the Respondent does not require to be modified," the Court said.

Accordingly, the Court dismissed the Writ Petition. 

Cause Title: Al Islam Tour Corporation v. Union of India

Appearance:-

Petitioner: Advocates Sulaiman Mohd. Khan, Taiba Khan, Bhanu Malhotra, Gopeshwar Singh Chander, Shamaul Haq Khan, Abdul Bari Khan

Respondent: Advocates Anurag Ahluwalia (CGSC), Abhigyan Siddhant (GP)

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