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IN THE HIGH COURT OF DELHI AT NEW DELHI
Chandra Dhari Singh, J.
Trichy Sunshine Haj Services – Appellant
Versus
Union of India – Respondent
W.P.(C) 8236 of 2023
Decided On : 07-06-2023
Haj Quota - Registration Certificate - Circular No.15/28/20022-Haj-MoMA dated 14th March 2023 - Article 14 and Article 19(1)(g) of the Constitution of India
Fact of the Case:
The petitioner challenged the rejection of their application for Haj Quota allocation, citing violation of principles of natural justice, equity, and Articles 14 and 19(1)(g) of the Constitution of India. The respondent alleged wilful misrepresentation by the petitioner, leading to suspension of their registration.
Finding of the Court:
The Court held that while restrictions and conditions may be imposed on Haj Quota allocation, they should not impede pilgrims' rights. It emphasized the constitutional protection of religious freedom under Article 25 and stayed the abeyance of the Registration Certificate and Quota to ensure pilgrims' rights.
Issues: Challenge of rejection of Haj Quota application, alleged misrepresentation by the petitioner, and the impact on pilgrims' rights.
Ratio Decidendi: The Court prioritized the protection of pilgrims' rights and religious freedom under Article 25, emphasizing the need to ensure pilgrims' ability to undertake the Haj pilgrimage without obstruction.
Final Decision: The Court stayed the abeyance of the Registration Certificate and Quota, ensuring that affected pilgrims could undertake the Haj Pilgrimage without obstruction, while allowing the respondent to proceed with the investigation.
ORDER
Chandra Dhari Singh, J. (Oral)
CM APPL. 31602/2023 (Exemption)
Subject to the petitioner filing the clear, original and legible/typed copies of any dim documents on which the petitioner may seek to place reliance, within four weeks from today, exemption is granted for the present.
The application is disposed of.
W.P (C) 8236/2023
1. The instant petition has been filed invoking the writ jurisdiction of the Court for the purpose of challenging the action of the respondent in rejecting the application filed by the petitioner through email dated 19th May 2023 by Respondent for allocation of quota to the Haj Group Organizers ("HGOs") for Haj 2023 in contravention of the Policy No. Haj-15/28/2022-HAJ-MoMA dated 14th March 2023 in violation of the 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 letter dated 09.05.2023. Further, the Court vide order dated 09th May 2023 passed a detailed and cogent order in the case of Al Hatim Tours and Travels Pvt. Ltd. and Ors. vs. Union of India in W.P. (C) No. 6016/2023,directed the Respondent to provide reasons and if the aggrieved person, cures the defects/deficiencies, their application be considered. The petitioner filed the representation on 12th May 2023 after clearing the defects raised by the petitioner. However, vide email dated 19th May 2023, the application of the petitioner was once again rejected on the similar grounds that there is non-compliance of the payment of GST, even when the petitioner has paid the GST and submitted the proof of payment of GST vide representation dated 12th May 2023
6. Given the aforesaid, it has been submitted that this Court may be pleased to quash/set-aside the Show Cause Notice against the petitioner, to restore the Registration Certificate and Haj Quota allocated to the petitioner and to allow the petitioner to undertake the Haj Quota for Haj-2023.
7. Per contra, learned senior panel counsel for the respondent vehemently opposed the submissions made by the learned counsel for the petitioner and submitted that in the case of the petitioners/HGOs, their respective registration has been ordered to be kept in abeyance due to their wilful misrepresentation and misreporting of facts to the Ministry, based on which they were registered as HGOs in the first place. As is evident, the Registration and allocation of Haj Quota to private tour operators subject to certain terms and conditions for registration as HGOs. The registration of HGOs found to be in contravention of the HGO Policy is liable to be cancelled. It is submitted that this Court may also refer to the conditions as applicable to the registration certificate issued to the HGOs for Haj 2023 which provide that the HGOs will abide by the policy for HGOs for Haj-2023 read with Circular No.15/28/20022-Haj-MoMA dated 14th March 2023 and will be held responsible for non-compliance of
AI
The protection of religious freedoms under Article 25 of the Constitution of India and the need to ensure that pilgrims are not obstructed from completing their journey and undertaking Haj.
The Court emphasized the importance of ensuring that pilgrims are able to perform their religious duty without undergoing any difficulty, harassment, or suffering, in line with the purpose of the Haj....
The judgment established the primacy of protecting religious freedoms and ensuring the smooth facilitation of pilgrims' religious practices, even in the context of regulatory actions against non-comp....
The protection of religious freedoms, particularly the right to undertake religious pilgrimages, is paramount and should be upheld, even in the context of regulatory actions against HGOs.
The judgment established the principle that while enforcing registration conditions for HGOs, the fundamental right to religious freedom, particularly the right to undertake the Haj pilgrimage, must ....
The judgment established the principle that while regulatory compliance is important, it should not impede individuals' exercise of their fundamental right to religious freedom, as enshrined in Artic....
The main legal point established in the judgment is that the suspension of a Haj Group Organizer's Registration Certificate and Quota should not impede the religious freedoms of pilgrims, as guarante....
The protection of religious rights under Article 25 of the Constitution of India was a central legal principle established in the judgment.
The Court emphasized the protection of the fundamental right to practice religion, as guaranteed by Article 25 of the Constitution of India, and held that actions affecting the Haj Pilgrimage should ....
The protection of religious freedom under Article 25 of the Constitution of India and the need to ensure that pilgrims are not obstructed from undertaking the Haj Pilgrimage influenced the Court's de....
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