| Case ID |
f998ee1a-8565-448a-8ce8-42fa09913cc4 |
| Body |
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| Case Number |
W.P. No. 875 of 2018 |
| Decision Date |
Mar 15, 2018 |
| Hearing Date |
Mar 15, 2018 |
| Decision |
The Islamabad High Court ruled on the allocation of Hajj quotas, emphasizing the need for the Federal Government to formulate a transparent policy regarding the distribution of quotas among private Hajj Group Organizers (HGOs). The Court directed that the criteria for enrollment and registration of new HGOs should be established in consultation with a committee formed by the Supreme Court. The Court also stressed the importance of timely processing of applications and resolving disputes fairly, ensuring that the interests of both existing and new HGOs were considered. The decision included directions for the Government to maintain a balanced quota allocation, thereby addressing grievances raised by the petitioners regarding the reduction of their quota. The ruling reinforced the principle that courts generally refrain from interfering in the executive's policy-making domain unless there is evidence of illegality or mala fide intent. |
| Summary |
The case revolves around the allocation of Hajj quotas in Pakistan, particularly focusing on the petitions filed by the Hajj Organizers Association and other concerned parties against the Federal Government's decision to alter the previously agreed quota distribution. The Islamabad High Court underscored the importance of transparency and fairness in the formulation of Hajj policies, as well as the need for timely processing of applications for Hajj. The ruling highlighted the necessity for the Federal Government to consult with a designated committee when establishing criteria for new Hajj Group Organizers and resolving any grievances related to quota allocation. By maintaining a fair balance between the interests of existing and new HGOs, the Court aimed to promote an equitable Hajj policy that serves the needs of all stakeholders. This case is particularly significant in the context of religious obligations, administrative accountability, and the rights of citizens wishing to undertake the Hajj pilgrimage. |
| Court |
Islamabad High Court
|
| Entities Involved |
Ministry of Religious Affairs,
Hajj Group Organizers (HGOs)
|
| Judges |
ATHAR MINALLAH,
JUSTICE MIANGUL HASSAN AURANGZEB
|
| Lawyers |
Afnan Karim Kundi,
Arshad Kiayani,
Shabbir Abbasi,
Syed Farhan Shah,
Mohammad Aftab
|
| Petitioners |
,
HAJJ ORGANIZERS ASSOCIATION OF PAKISTAN THROUGH AUTHORIZED OFFICER
|
| Respondents |
,
FEDERATION OF PAKISTAN THROUGH SECRETARY, MINISTRY OF RELIGIOUS AFFAIRS AND INTERFAITH HARMONY
|
| Citations |
2018 SLD 2645,
2018 PLD 323
|
| Other Citations |
Corruption in Hajj Arrangements in 2010 PLD 2011 SC 963,
The Federation of Pakistan through Ministry of Religious Affairs, Islamabad and others v. Muhammad Arif Idrees and others Civil Petitions Nos. 1270, 1308, 1309 of 2014,
Hajj Organizers Association of Pakistan and others v. Federation of Pakistan, through Secretary M/o Religious Affairs and Interfaith Harmony, Islamabad and another Civil Petitions Nos. 1180, 1265 and 1297 of 2016,
Hajj Organizers Association of Pakistan v. Messrs Kalf Ind/(Pvt. Ltd) and others Intra Court Appeals Nos.10 to 17 of 2017,
Muhammad Arif Idrees and others v. Sohail Aamir and others 2017 SCMR 1379,
Messrs Mustafa Impex, Karachi and others v. The Government of Pakistan through Secretary Finance and others PLD 2016 SC 808
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
199
|