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IN THE HIGH COURT OF DELHI AT NEW DELHI
Chandra Dhari Singh, J.
Barakath Hajj Group – Appellant
Versus
Union of India – Respondent
W.P.(C) 8410 of 2023
Decided On : 07-06-2023
Haj Group Organizer - Suspension of Registration Certificate and Quota - Circular No.15/28/20022-Haj-MoMA dated 14th March 2023 - Article 25 of the Constitution of India
Fact of the Case:
The petitioner, a Haj Group Organizer (HGO), challenged the suspension of their Registration Certificate and Quota for Haj-2023, alleging arbitrary action by the respondent. The petitioner contended that the suspension violated fundamental rights under Articles 14, 19, and 21 of the Constitution of India, and sought restoration of the Registration Certificate and Quota to enable pilgrims to undertake the Haj pilgrimage.
Finding of the Court:
The Court found that the suspension of the petitioner's Registration Certificate and Quota was based on wilful misrepresentation and misreporting of facts, which warranted serious penal action, including blacklisting and cancelling of registration. However, the Court also recognized the religious significance of the Haj pilgrimage and the rights of the pilgrims, emphasizing the need to ensure their unhindered participation in the pilgrimage.
Issues: The key issues involved the suspension of the petitioner's Registration Certificate and Quota, the alleged misrepresentation of facts, the rights of the pilgrims, and the constitutional implications of the suspension.
Ratio Decidendi: The Court held that while the suspension was justified based on non-compliance with the HGO Policy, it should not obstruct the pilgrims' religious freedom guaranteed under Article 25 of the Constitution of India. The Court emphasized the need to balance the enforcement of regulations with the protection of religious rights.
Final Decision: The Court stayed the suspension of the Registration Certificate and Quota, ensuring that affected pilgrims could undertake the Haj pilgrimage without obstruction. The Court directed the respondents to proceed with the investigation and disposed of the application.
ORDER
Chandra Dhari Singh, J. (Oral)
CM APPL. 32064/2023 (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.
CM APPL. 32065/2023 (Stay)
1. The instant application has been filed challenging the suspension of the Registration Certificate and Quota of the Haj Group Organizer (HGOs) as published on 25th May, 2023 of the petitioner in the Consolidated List of Allocation of Haj quota for Haj-2023 and the Show Cause Notice subsequently issued against the petitioner/HGO on 26th May 2023 by the respondent.
2. Learned counsel appearing on behalf of the petitioner submitted that the petitioner's registration certificate and Haj quota have arbitrarily been ordered to be kept in abeyance till the finalization of proceedings in a complaint-related matter. It is submitted that this aforesaid course of action has taken place after the petitioner was found eligible/qualified as per the HGO Policy for Haj-2023 in the list dated 5th May, 2023 of eligible HGOs. Subsequently, the petitioner was issued a Registration Certificate and Quota Allocation on 18th May, 2023.
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/uploaded the application for registration and allocation of Quota for Haj-2023 on the E-Haj portal of the respondent. The respondent declared the list of eligible and ineligible HGOs for Haj-2023 on its website on 5th May 2023. The petitioner was placed in the said list of eligible/qualified HGOs. The respondent, accordingly, sent the respective Registration Certificate to the petitioner and also allocated respective Haj Quota seats to the petitioners.
5. It is submitted that the respondent on 25th May 2023 issued the consolidated list of allocation of Haj Quota for Haj-2023 and published a comment against the name of the petitioners, which read as "Registration Certificate & Quota Kept in abeyance till finalization of proceedings in complaint related matter" Subsequently, vide email dated 26th May, 2023 the respondent sent a "Show Cause Notice" in relation to a complaint against the petitioner and asked the petitioner to reply to the same within 3 days on the ground of the alleged defaults committed by the petitioner.
6. It is contended that the petitioner have already sent the reply to the Show Cause Notice issued by the respondent objecting to the allegations made is completely false and bogus complaint and other issues to the satisfaction of the respondent.
7. Learned counsel appearing on behalf of petitioner submitted that the action of the respondent of withholding of Registration Certificate and allocation of Haj quota post the scrutiny of the petitioner's application and declaration of petitioner as eligible HGO, when the petitioner has already taken booking from the Pilgrims and the pilgrims have paid in advance for the same, is completely arbitrary and in blatant violation of the fundamental rights of the petitioner, as well as the rights of the pilgrims, as enshrined under Articles 14,19 & 21 of the Constitution of India.
8. It is submitted that the respondent, as a matter of principle of natural justice, should not stop the petitioner to undertake Haj Quota for Haj-2023 as the complaint is bogus and the petitioners have satisfied the HGO Policy. It is further submitted that even if any inquiry/investigation needs to be conducted the respondent can have a thorough investigation and then decide the fate of the petitioner. The HGO Policy has sufficient safeguards in the form of forfeiture of the security deposit and blacklisting of an HGO found in wrongdoings, and therefore, thor
AI
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 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 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 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....
The central legal point established in the judgment is the need to protect the rights of the pilgrims and ensure that they are not obstructed from undertaking the Haj Pilgrimage, in line with the con....
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 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 Court emphasized the protection of the right of the pilgrims to undertake the Haj Pilgrimage without obstruction, in line with Article 25 of the Constitution of India.
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