9911796707
TMI Blog2023 (6) TMI 839X X X X Extracts X X X X X X X X Extracts X X X X ..... he Principles of Natural Justice, equity and good conscience and in violation of Article 14 and Article 19(1)(g) of the Constitution of India. 2. Learned senior counsel appearing on behalf of the petitioner submitted that the petitioner Petitioner ought to be registered as firms as per the policy notified by Respondent No. 1 vide Notification No. Haj- 15/28/2022-HAJ-MoMA dated 14th March 2023. Accordingly, vide application dated 23rd March 2023, the petitioner filed an application before the Respondent for the registration. 3. It is submitted that the respondent issued notice/circular inviting applications from eligible HGOs for registration and allocation of Quota for Haj-2023. The policy for registration and allocation of Quota for Haj- 2023 was also attached with the said notice. 4. The petitioner submitted without assigning any reasons, without providing an opportunity of hearing and without issuing any defect letter, the respondent rejected the application filed by the petitioner vide impugned Notification dated 05th May 2023. 5. It is submitted that the petitioner vide dated 07.05.2023 made the payment of GST through DRC-03 and intimated the same to the ministry vide lett ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 28/2022-Haj-MoMA dated 14th March 2023 stating that if any discrepancy is found in the documents submitted by the HGO, at any stage, and/or if any complaint is received against the HGO regarding misleading documents, submission for Haj, 2023 or tax evasion, appropriate penal action will be taken against the concerned HGO, including forfeiture of the security deposit and debarment for 10 years or more. 9. Learned senior panel counsel for the respondent submitted that in the instant case, there has been a gross misrepresentation of facts, by the petitioner HGOs, which has come to light during the visit of a team of officials from the Ministry to the office premises of the petitioner HGOs. It is stated that the Government is contemplating serious penal action, which would include blacklisting and cancelling of registration of these HGOs. 10. It is submitted by learned senior panel counsel for the respondent that the Government is not willing to take the risk of placing the fate of these pilgrims in the hands of these non-compliant HGOs. Moreover, allowing these HGOs to take the pilgrims to Kingdom of Saudi Arabia (KSA) after the revelation of serious violations of the law, would not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tions as applicable to the registration certificate. The registration certificate issued to the HGOs for Haj 2023 specifically mentions the following conditions: "4. HGO will abide by the policy for Haj Group Organisers for Haj 2023 read with the circular No. 15/28/20022-Haj- MoMA dated 14.03.2023 and will be held responsible for non-compliance of any of the terms and conditions of registration with MoMA at any stage. The Ministry reserves the right to suspend/ cancel the registration in case of noncompliance of any of the terms and conditions including blacklisting the company and its proprietor/ partner/ director 5. Special attention of the HGOs is invited to the provisions of Circular No.15/28/2022-Haj-MoMA dated 14.03.2023 stating that if any discrepancy is found in the documents submitted by the HGO, at any stage, and/ or if any complaint is received against the HGO regarding misleading documents/submission for Haj, 2023/ tax evasion, appropriate penal action will be taken against the concerned HGO, including forfeiture of security deposit and debarment for a period of 10 years or more. Further, it is also informed that complaints received from pilgrims/intending pilgrims ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er the bilateral agreement entered into between the Government of India and the KSA, for Haj 2023, a total quota of 1,75,025 pilgrims (1,40,000 pilgrims for HCoI and 35,025 pilgrims for the HGOs) has been allocated by the KSA to India. 17. Upon having considered the arguments and contentions of the parties, this Court is of the prima facie opinion that although restrictions and conditions to the issuance of the Registration Certificate as well as to the Quota allotted to the petitioners/HGOs may be imposed, the same should not be held against the pilgrims who, in good faith, registered with the petitioners/HGOs to undertake the pilgrimage. This Court is of the view that such an action would defeat the purpose of the current Haj Policy and is in derogation of Article 25 of the Constitution of India. Article 25 of the Constitution of India guarantees the freedom of conscience and the freedom to profess, practice and propagate religion to all citizens. Haj Pilgrimage and the ceremonies involved therein fall within the ambit of a religious practice, which is protected by the Constitution of India. Religious freedoms are one of the most cherished rights guaranteed and enshrined under t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the religion itself has to say as to the essentiality of such belief. One test that has been evolved would be to remove the particular belief stated to be an essential belief from the religion-would the religion remain the same or would it be altered? Equally, if different groups of a religious community speak with different voices on the essentiality aspect presented before the Court, the Court is then to decide as to whether such matter is or is not essential. Religious activities may also be mixed up with secular activities, in which case the dominant nature of the activity test is to be applied. The Court should take a common-sense view and be actuated by considerations of practical necessity." 18. This Court is an interpreter of the Constitution as well as the custodian of the rights of citizens, therefore this Court must exercise its powers under Article 226 of the Constitution to give effect to its provisions and the guarantees therein, lest they shall remain only in the black and white in the text but not in its application. An alternative must be sought and put into effect so that with the law taking its course, the same should not become a hurdle for the noble-intentio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion of India and Others v. Rafique Shaikh Bhikan and Another (2012) 6 SCC 265 wherein this Court emphasized that the main purpose of the Haj Policy was to ensure that pilgrims must be able to perform their pilgrimage duty without undertaking any difficulty, harassment or suffering: "11. The pilgrim is actually the person behind all this arrangement. For many of the pilgrims Haj is once in a lifetime pilgrimage and they undertake the pilgrimage by taking out the savings made over a lifetime, in many cases especially for this purpose. Haj consists of a number of parts and each one of them has to be performed in a rigid, tight and time-bound schedule. In case due to any mismanagement in the arrangements regarding the journey to Saudi Arabia or stay or travelling inside Saudi Arabia any of the parts is not performed or performed improperly then the pilgrim loses not only his life savings but more importantly he loses the Haj. It is not unknown that on landing in Saudi Arabia a pilgrim finds himself abandoned and completely stranded. 12. It is, thus, clear that in making selection for the registration of PTOs the primary object and purpose of the exercise cannot be lost sight of. T ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
