–Religious Affairs Ministry fails to comply with SC orders to allocate 40% quota to HGO
So far, the Religious Affairs Ministry has included only 29 top private tour companies of Hajj Group Organisations (HGO’s) and given two per cent quota in contradiction with the Supreme Court (SC) orders, which directed religious ministry to enlist new private tour companies [after evaluation] who have no Hajj quota in to existing ones and distribute 40 per cent private Hajj quota equally, sources said.
According to the sources, the Religious Ministry also issued a recognition letter to the included companies. “This is a war against the monopoly of HOAP and the government, making the Hajj quota controversial by favoring the HOAP and turning this religious pilgrimage into a business of billions per year instead of making it cheap, easy and convenient to every Pakistani,” said a religious ministry official, while requesting anonymity.
Muhammad Rizwan, a Hajji, said that performing Hajj through a private tour forces you to sell all your properties, it’s too costly. Mainly because some tour operators have hijacked the entire system, they know they’re the only ones, there is no competition. Therefore, government should have enlisted more companies and also set a rate for private tour operators, which would be convenient to every Pakistani.
Secretary to the prime minister, Fawad Hassan, on June 22nd, issued a notification, in which directions were given to Religious Affairs Ministry to allocate two per cent Hajj quota to non-quota holder companies on the directions of the SC. “While approving the proposal at para 10 of the summary, the PM has desired that in view of the need to finalise the distribution at the earliest, the Religious Affairs Ministry and the Interfaith Harmony shall ensure completion within next 24 hours,” reads the notification.
At present, Pakistan has a quota of 179,210, according to one per cent of the total population as per last census, in which, 60 per cent is with the government of Pakistan, 40 per cent is with HOAP’s 742 private tour operator companies from 2005.
“According to SC orders, 2,033 companies would be evaluated and enlisted in the existing 742 companies and then the 40 per cent quota would be distributed among them equally. But, HOAP, by using its channels and influence, has always managed to influence the ministry officials to not include any further company,” said a private tour operator Rana Ali Zaighum, adding that this was why the new private tour operators went to court. “Sardar Yusuf agreed to include the top 150 companies, however, only 29 companies were added,” he said.
Earlier, a three-judge bench of the apex court, headed by Justice Ejaz Afzal Khan, had directed the Religious Affairs Ministry to reframe the policy for distribution of 40 per cent quota to HGOs. Following which, all companies were evaluated through a third party by the ministry and a list was made, according to which, inclusion of companies in Hajj quota would be carried out. SC, while maintaining its 2013 verdict pertaining to the distribution of Hajj quota to new tour operators, had directed the ministry to utilise 40 per cent Hajj quota among private tour operators within a month [April-May], but to no avail.
Following the SC’s 2013 order, the government had allocated 40 per cent Hajj quota to only 742 companies, disregarding the court’s order to consider the new 2,033 HGOs in the 40 per cent quota as well in the current season. In April 2017, the court issued an 18-page verdict in a contempt case against the ministry for not allocating quotas to the new HGOs in view of its August 27, 2013 decision.
In the verdict, Justice Maqbool Baqir said that monopolising private Hajj arrangements was also depriving intending pilgrims of better choices. The verdict said that creating such monopolies was in violation of clause (c) of Article 18 of the Constitution and defeats the provisions of Clause (b) of Article 18 of the Constitution, which provided for regulating trade, commerce and industry in the interest of free competition.
The verdict stated that the non-quota holders were being denied quotas on the pretext that the government had no surplus quota. “The quota allocated by Saudi Arabia to Pakistan is for the people of Pakistan and not for any particular group, segment or association. The quota for Pakistan is split by the government of Pakistan into two segments, one under the Government Hajj Scheme and the other for Private Hajj Scheme.”
Subsequently, private tour operators and religious ministry moved ICAs against the court’s order. Then, the ministry requested the SC to set aside the contempt order and allow the ministry to devise fresh formula or criteria in a transparent manner for the allocation of Hajj quota as deemed appropriate on a competitive basis and in a transparent manner after Hajj 2017. And, the new formula or criteria will be applicable both on existing and newly enrolled Hajj tour operators equally for Hajj 2018.
It is noted that Religious Affairs Minister Sardar Muhammad Yusuf had met with his Saudi counterpart Mohammad Saleh bin Taher Benten in Jeddah and requested him for an increase in the Hajj quota from the current 179,210 to 194,210, as the new population figures following the on-going census in the country are expected to show a dramatic increase. When contacted, Religious Affairs Minister Spokesperson Imran Sidiqui said that the said 29 companies, according to two per cent quota, have been enlisted as per the directions of committee formed by SC with the approval of the prime minister.
He said that the monopoly of HOAP would be break this year. “For Hajj 2018, the ministry will distribute Hajj quota to private tour operators after auditing and evaluating them, including HOAP and HGO,” he said.