Breaking News – SHC Announced Ordered in Hajj Quota Case Today in favor of Govt
Now 17800 govt. hajj scheme candidates will perform hajj this year. Today Sindh high court has announced the decision in this regard. Honorable court has rejected the petition of private hajj tour organizers of Pakistan The Quota of 40% for private hajj organizers has been intact. While Govt hajj quota will be 60%.
Few words from the today copy of orders..
Suit No.866 of 2017
Muhammad All Mazhar, J: To all intents and purposes, this suit for declaration, mandatory and permanent injunction has been brought to challenge and contest the reduction in the quota of Private Hajj Sector/organizers from 50% to 40% of Pakistan’s allocated quota. The plaintiffs postulate and predicate that this curtailment is illegal, arbitrary and mala fide and in violation of fundamental rights of the plaintiffs.
2. Mr.Abid Shahid Zuberi, the learned counsel for the plaintiffs argued that the plaintiff No.1 is an association, representing 742 quota holders of “Hajj Group Organizers”. (hereinafter referred to as HGOs) which has been recognized by the Superior Courts. At this moment in time, the curtailment in quota has been made through a letter dated 22.3.2017 written by the defendant No.7 to the Minister for Hajj and Umrah, Royal Kingdom of Saudi Arabia. He further contended that rights of HGOs are fully protected under the Memorandum of Understanding dated 4.7.2013 which has been upheld by the apex court in C.P.Nos.1270, 1308 and 1309/2014 and in C.P.Nos.1180, 1265 and 1297/2016. Through the MoU, vested rights have been created in favour of the plaintiffs which cannot be taken away. He further pointed out that in the year 2007 on denial of quota to new entrants, some travel agents approached to the Lahore High Court however the judgment passed by the Lahore High Court was challenged in the apex in CPLA Nos.565 to 570/2007. The Supreme Court formed a Committee and directed the defendant No.1 to issue a comprehensive Haj policy. He added that Hajj Policy 2017 stresses upon building a strong partnership with private Sector (HGOs) for the provision of better services and quality logistic arrangements to the entire satisfaction of Hujjaj as well as Government of Pakistan and Saudi Arabia.
In the case in hand, neither the plaintiffs have made out any prima facie case nor balance of convenience lies in their favor nor any question of irreparable injury arises.
24. In the wake of above discussion, the injunction application (C.M.A No.5438 of 2017) is dismissed.
Karachi:- Dated.16.6.2017 Judge