TMI Blog2023 (6) TMI 839X X X X Extracts X X X X X X X X Extracts X X X X ..... that is bestowed upon the concerned HGO based on the fulfilment of certain conditions as laid out under the Policy. Therefore, the offer made by the HGOs to the pilgrims is subject to certain pre-conditions for the grant of registration and is amenable to the fulfilment of the requisite conditions, the non-compliance of which empowers the Ministry to suspend/cancel the registration as well as for blacklisting the company - The conditions inter alia 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 noncompliance with any of the terms and conditions of registration with MoMA at any stage. It is also stated therein that the Ministry shall have the right to suspend/ cancel the registration in case of non-compliance with any of the terms and conditions. In the instant case, it has been alleged that 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 respondent to the office premises of the petitioner HGO - As per the bilateral agreement entered into between the Government o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... medium of practicing their religion and faith which is a fundamental right. This Court being the protector of the right of the pilgrims shall take the necessary steps in this regard - Accordingly, to ensure that the pilgrims are not obstructed from completing their journey and undertake Haj, the comments in the consolidated list of allocation of Haj Quota for HAJ-2023 issued on 25th May, 2023 by the respondent which reads as Registration Certificate Quota Kept in abeyance till finalization of proceedings in complaint related matter is stayed. Petition disposed off. - W.P.(C) 8236/2023 - - - Dated:- 7-6-2023 - HON'BLE MR. JUSTICE CHANDRA DHARI SINGH For the Petitioner Through: Counsel for the petitioner (Appearance not given) For the Respondent Through: Mr. Kirtiman Singh, CGSC with Mr. Waize Ali Noor and Mr. Amit Gupta, Advocates O R D E R 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 appl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ide 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 polic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ) has been allocated by the KSA to India. 12. It is submitted that the arrangements made by the HCoI include air travel to and fro by Chartered flights, accommodation in Makkah and Madinah, local transport in Saudi Arabia during Haj 2023, etc. The Government of India has also deputed certain officials to Saudi Arabia as part of an administrative and medical contingent for Haj 2023 to look after the welfare of Indian pilgrims going through HCoI. The pilgrims travelling through HCoI travel to KSA from Embarkation Points (EP) across the country. All the arrangements are made by the Government of India in close coordination with HCoI and Indian Mission in Jeddah. The flights for Haj pilgrims have already started and till date more than 35,000 pilgrims of HCoI have departed for KSA. It is also stated that to ensure that the pilgrims booked by the petitioner HGO do not suffer, the Government is more than ready and willing to make special efforts to make their arrangements through the HCoI as per the arrangements already made by HCoI for Haj 2023. 13. Heard learned counsels for the parties and perused the record. 14. As is evident, the Registration and allocation of Haj Quota to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 noncompliance with any of the terms and conditions of registration with MoMA at any stage. It is also stated therein that the Ministry shall have the right to suspend/ cancel the registration in case of non-compliance with any of the terms and conditions. It has also been provided therein that as per the provisions of Circular No.15/28/2022-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/ tax evasion, appropriate penal action will be taken against the concerned HGO, including forfeiture of the security deposit and debarment for a period of 10 years or more. 16. In the instant case, it has been alleged that 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 respondent to the office premises of the petitioner HGO. It has also been stated on record that the Government is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ect to the restrictions delineated in Article 25(1) itself, to every person including women. X X X 176.1. Article 25 recognises a fundamental right in favour of all persons which has reference to natural persons. 176.2. This fundamental right equally entitles all such persons to the said fundamental right. Every member of a religious community has a right to practise the religion so long as he does not, in any way, interfere with the corresponding right of his co-religionists to do the same. 176.3. The content of the fundamental right is the fleshing out of what is stated in the Preamble to the Constitution as liberty of thought, belief, faith and worship . Thus, all persons are entitled to freedom of conscience and the right to freely profess, practice and propagate religion. 176.4. The right to profess, practice and propagate religion will include all acts done in furtherance of thought, belief, faith and worship. 176.5. The content of the right concerns itself with the word religion . Religion in this Article would mean matters of faith with individuals or communities, based on a system of beliefs or doctrines which conduce to spiritual ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e been laid down for the Muslims by the Prophet, the same are reproduced as under: (i) Kalma :- It is the duty of every Muslim to recite kalma. Kalma implies certain Hymns proclaiming the unity of God accepting Mohammed as the Prophet. (ii) Namaz :- Every Muslim must say prayers (Namaz) five times a day and on every Friday he must offer his afternoon prayer at the Mosque. (iii) Zakat :- It is the duty of every Muslim to offer Zakat or charity to the poor and needy. (iv) Ramzan :- The most pious duty of every Muslim is to observe fasts in the holy month of Ramzan . (v) Haj :- Every Muslim, should go for Haj or pilgrimage to Mecca at least once in his lifetime. The Haj pilgrimage is undertaken by thousands of pilgrims from India annually. In order to enable the Indian Muslims willing to undertake the Haj pilgrimage, every year a bilateral treaty is executed between India and the Kingdom of Saudi Arabia. In terms of the said agreement, a quota of some pilgrims is allotted to India. The pilgrimage can be undertaken from India only either through the Haj Committee of India (for short, the Haj Committee ) or the HGOs. HGOs usuall ..... X X X X Extracts X X X X X X X X Extracts X X X X
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