Daily Times

ISLAMABAD: The Supreme Court of Pakistan on Friday observed that the citizens’ fundamental right of trade could be interpreted to restrain the government from carrying on any activity or providing services except through law creating monopoly in its favor.

“The said Article (Article 18 and Article 253 (b) of the Constitution) cannot be interpreted in the manner to restrain the government, federal or provincial, from carrying on any activity or providing any service except, through a law creating a complete or partial monopoly in its favor,” the top court observed in its order in the Hajj quota case.

A five-judge larger bench, headed by Justice Gulzar Ahmed, heard several appeals before issuing a six-page written order in the matter. Deputy Attorney General Sohail Mahmood appeared before the SC on behalf of the Ministry of Religious Affairs. Abid Zubairi represented the Hajj Organisation Association of Pakistan (HOAP) and Azhar Siddique argued on behalf of the new Hajj tour operators.

“Even otherwise, while for the appellant Haj Group Organisers (HGOs) making arrangements for Hajjis may be a commercial activity, but for the government it is perhaps a facility provide to its citizens for the fulfillment of their religious obligations,” the bench further observed in its order, which was authored by Justice Gulzar Ahmed.

The top court also upheld its earlier order and asked the federal government to distribute 40 percent quota to all private tour operators.

Following the top court’s 2013 verdict, the government had allocated 40 percent Hajj quota to only 742 operators. It did not consider 2,033 new operators. The same was done this year.

In 2013, a three-judge bench headed by Justice Ejaz Afzal Khan had directed the ministry to reframe the policy for distribution of 40 per cent quota to private Hajj organisers and to set up a panel for formulating criteria for them, including third-party evaluations.

Earlier, the court had issued an 18-page verdict in a contempt case against the ministry for not allocating quotas to the new operators in view of its August 27, 2013 decision.

The verdict had stated that non-quota holder operators were being denied quotas on the pretext that the government had no surplus quota.

“The quota allocated by the Kingdom of Saudi Arabia to Pakistan is for the people of Pakistan and not for any particular group, segment or association. The quota for Pakistan is bifurcated by the government of Pakistan into two segments: one under the government Hajj Scheme and the other for Private Hajj Scheme,” the verdict had stated.

Later, the ministry and private tour operators moved appeals against the court’s order. The ministry requested the top court to set aside the contempt order and allow it to devise fresh formula.

The new formula or criteria will be applicable both on existing and newly-enrolled tour operators for Hajj 2018.

The top court while disposing of the matter directed the ministry to ensure that the 40 percent quota is allocated to private Hajj operators including the new ones according to guidelines laid down in 2013 judgment.