SC Refuses To Entertain Plea Challenging Stay On Suspension Of HGOs Registration, Directs Them To Continue With Bookings
The Supreme Court has refused to entertain a special leave petition (SLP) challenging the order of a single judge bench, Delhi High Court which had allowed the Suhail Haj And Umrah Tours-a Haj Group Organizer (HGO) to continue its operations for arranging Haj pilgrims. The bench noted that the matter is pending for considering before a division bench of the High Court, and is listed for July 7, 2023.
“As the matter is coming before the High Court on July 7, 2023 and all the issues raised therein can be effectively considered by the High Court (not clear), we do not deem it necessary to entertain this Special Leave Petition, the same is disposed of with liberty to the parties to raise their respective contentions before the Court”, observed a bench of Justice Surya Kant and Justice M.M. Sundresh.
In the arguments today, the Union of India referred to the 17 HGOs as "delinquent".
ASG Sanjay Jain appearing on behalf of the Union of India while stating the facts before the Court contended,
“On behalf of the Union, they are urging only one solitary point, that there is a system of granting accreditation to these tour operators, what happens is from the quota which Kingdom of Saudi Arabia grants to India, 80% of that quota, goes to Haj Committee, the pilgrims goes through the aegis of the Haj Committee. The remaining 20% quota is operated through the tour operators who are known as HGOs, that is Haj Group Organizers. These HGOs have to meet certain criteria, financial and experience criteria to be given the registration to act as HGO”.
“ In the month of May, 512 HGOs were cleared. After giving clearance to them, on May 25 we received a serious complaint against them, and on May 26 we issued a notice. On May 27, they approached Delhi High Court, and the Delhi High Court says that you pass a reasoned order. That order was passed on June 2, and against that order there is single judge’s order which says that whatever is the embargo on the operations of the these 17 HGO have to be lifted, and they should be allowed to go ahead with all the bookings”, he further argued.
He further submitted that even in the June 7, 2023 order of the single judge bench, it was the concern of the Court that the interest of the pilgrims should not be prejudiced, and therefore that lies in consonance with the objectives of the Union of India also.
ASG then had put forth a proposal in interest of the pilgrims, which the Union was very “serious about” where not even a single Haj pilgrim would be impacted in any manner.
“All those pilgrims who are booked with these 17 delinquent HGOs, they will not have to spend anything extra from their pocket, and they will be simply to the other 495 HGOs. The Government of India is giving them a financial guaranteed, and whatever found to be delinquent after a full-fledged enquiry, we will have option against them”, he submitted further.
While challenging the competency of the tour operators, it was submitted, “Haj requires deep insight knowledge of the kingdom of Saudi Arabia, their rituals, their procedures, their systems”.
“The matter is coming before the division bench of the High Court on 7 July”, the bench commented.
While citing urgency, ASG said that the Haj season has already begun.
“Ultimately the larger issue is whether the 17 HGOs committed an error or not, that would be dealt with, why should we consider We are not saying anything on merit, the bench did not say anything on merit…”, the bench said in response.
“Let them go without any psychological pressure that a matter is pending before the court or something is going to happen”, said Justice Surya Kant.
“The pilgrims are not at all affected…I have just expressed my anxiety”, the ASG said in response
“If these pilgrims who are booked with these 17 HGOs, if these are not up to the mark, then these pilgrims will face problems in Saudi Arbaia, because it is a huge congregation and if there is any missing point at any stage, it is pilgrims who will face the difficulty”, ASG added further.
While highlighting that the pilgrims wouldn’t stay in Saudi Arabia for very long, the bench thus noted, “It would be wiser for you that you don’t take any kind of in persuasive action till they come back, after that you deal with these persons, whatever you find against these persons, you can proceed in accordance with the law, no difficultly at all”.
“It is a lifetime event for them, milords”, ASG added at the end.
Cause Title: Union of India v. Suhail Haj and Umrah Tour
