| Case ID |
13b29410-a8cc-45b7-b6c8-953d716111d4 |
| Body |
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| Case Number |
Writ Petitions Nos. 13829, 13144, 13145, 13818, 13 |
| Decision Date |
Apr 18, 2019 |
| Hearing Date |
Apr 18, 2019 |
| Decision |
The Lahore High Court dismissed the constitutional petitions challenging the Hajj Policy and Plan 2019. The petitioners, who were Hajj Group Organizer Companies (HGOs), argued that they were unfairly excluded from the allocation of Hajj quotas despite being duly enrolled and entitled to such quotas. The court found that the criteria for the allocation of quotas were based on merit and did not discriminate against any group of HGOs. It was held that the policy had been formulated by an impartial committee and that the selection process was transparent, adhering to the guidelines laid out by the Supreme Court of Pakistan in previous cases. The court also noted that while not all HGOs could be accommodated, this did not amount to discrimination. The decision reinforced the legitimacy of the Hajj Policy 2019 and directed petitioners to raise any grievances directly with the committee responsible for the allocation. |
| Summary |
In this significant case, the Lahore High Court dealt with multiple writ petitions filed by Hajj Group Organizer Companies (HGOs) contesting the Hajj Policy and Plan 2019. The petitioners claimed that they were unfairly denied quotas for Hajj despite being duly registered. They argued that the criteria used for allocation were arbitrary and discriminatory. The court, however, found that the policy was developed by a competent committee comprising diverse members from various governmental departments, ensuring a fair process. The criteria for assessing HGOs included past performance in Hajj and Umrah operations, economic viability of packages offered, and the quality of management. The court emphasized that while not every HGO could be granted a quota, the selection process was based on merit and transparency, adhering to Supreme Court guidelines. The ruling also clarified that the allocation of quotas was a matter of administrative discretion and not a violation of any rights. This case underscores the importance of a structured and fair allocation process in Hajj arrangements, reflecting the complexities involved in managing such a significant pilgrimage. The decision is expected to influence future policies and practices regarding Hajj allocations, ensuring that all eligible HGOs have a fair chance to participate. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
AYESHA A. MALIK
|
| Lawyers |
M. Asad Manzoor Butt,
Abdul Rasheed Baloch,
Mian Ghazanfar Ali Joiya,
Tafazul Haider Rizvi,
Haider Ali Khan,
Muhammad Usman,
Muhammad Anwar Bhatti,
Aleem Baig Chughtai,
Adnan Ahmad Chaudhary,
Dost Muhammad Kahoot,
Ms. Ambreen Moeen,
Muhammad Arif Zahoor
|
| Petitioners |
IKHLAQ-EMADINA TOURS AND TRAVELS PRIVATE LIMITED
|
| Respondents |
FEDERATION OF PAKISTAN THROUGH SECRETARY MINISTRY OF RELIGIOUS AFFAIRS AND INTERFAITH HARMONY, ISLAMABAD AND OTHERS
|
| Citations |
2019 SLD 1206,
2019 PLD 382
|
| Other Citations |
Dossani Travels Pvt. Ltd. and others v. Messrs Travels Shop (Pvt.) Ltd. and others PLD 2014 SC 1,
Muhammad Arif Idrees and others v. Sohail Aamir and others 2017 SCMR 1379
|
| Laws Involved |
Not available
|
| Sections |
Not available
|