Daily Times

ISLAMABAD: The Supreme Court of Pakistan has rejected the plea of the Ministry of Religious Affairs (MoRA) for unveiling the Hajj ballotting draw. The top court also sought reply from the secretary religious affairs if the quota ratio can be approved from the Hajj policy formulation committee after the approval from the prime minister.

“We are not going to pass any interim order nor we are concerned that you are done with balloting,” said the top court on the ministry’s plea of vacating a stay order on upholding ballot results.

During the course of hearing of the quota for Hajj 2016 on Monday, Chief Justice Anwar Zaheer Jamali while heading a three-member bench observed that the top court had to examine whether the quota was determined in the light of procedures.

Chief Justice inquired if the court can intervene in policy making matters. However, additional attorney general Rana Waqar submitted that it was a prerogative only reserved with the government.

Deputy Attorney General Sohail Mahmood submitted a five-page concise statement on behalf of the ministry over Hajj Tour Operators plea against 10 per cent reduction in the quota of Hajj tour operators under the Hajj policy 2016.

He contended that increase in the government Hajj quota was based on popular public demand; therefore, the petitions may be dismissed enabling the ministry to carry out the balloting as delay made in balloting was likely to adversely affect the welfare of Pakistan pilgrims during Hajj season 2016.

The reply on behalf of the government also submitted that Punjab and K-P Assemblies passed resolutions, wherein the federal government was urged not to allow the Private Tour Operators from doing business in Hajj and Umra.

The reply further stated that the pace of work regarding policy formulation was a bit slow due to inter alia litigation in the Sindh High Court, adding that any further delay in the implementation of the Hajj policy will affect timely completion of flight schedule which is linked with booking of slot by Air lines from Saudi Civil Aviation and other Hajj arrangement in KSA.

The Ministry has proposed the reduction in Hajj quota of private sector from 50 perncent to 40 per cent in the larger public interest to accommodate maximum number of pilgrims.

“The Hajj Formulation Committee did not object on the reduction of hajj quota of private sector in the meeting which was held on March25,” the reply reads. The ministry allocated Hajj quota every year to the private sector in accordance with the Hajj policy of the concerned year.

From the very inception of the private hajj scheme in 2005, the allocation of Hajj quota has been varied and never been fixed at 50 per cent as such the Hajj quota cannot be claimed as right by the Tour Operators, the government argued in the reply.

Counsel for private tour operators Abid Zuberi appeared before the bench and argued that there were several judgments of top court on whether the court can intervene in policy making adding the conspicuous instance is steel mills privatisation case.

He said that minister for MoRA tabled the drafted bill before the prime minister wherein 60 per cent quota was reserved for public while 40 per cent quota was reserved for private tour operators which was later approved by the prime minister on April 12.

He added that however the policy formulation committee, established following a judgment of SC in the Dosani Case, compiled a different draft. He said Saudi authorities had also directed for not decreasing the quota of tour operators. The hearing of the case is adjourned for today.