LexUNION OF INDIA versus RAFIQUE SHAIKH BHIKAN & ORS.
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A B [2013] 5 S.C.R. 428 UNION OF INDIA & ORS. v. RAFIQUE SHAIKH BHIKAN & ORS. Petition for Special Leave to APPEAL (CIVIL) N0.28609/2011 APRIL 16, 2013 [AFTAB ALAM AND RANJANA PRAKASH DESAI, JJ.) Hajj policy - Policy for Haj Committee of India Pilgrims C - Held: Practice of framing Hajj Policy on annual basis is ad- hoc and unsatisfactory - Requirement of a policy framework for five years - Proposed Hajj Policy 2013 - 2017 be posted on the website of the Ministry of External Affairs (MEA) inviting objections, comments and suggestions - Final policy to D remain valid and operative for five years upto Hajj 2017 and may be amended only in case of any change in arrangements with the Kingdom of Saudi Arabia as per the agreement entered into between the two countries every year. E Hajj policy - Lady pilgrims - Held: Hajj Policy to pay attention to special needs of the lady pilgrims. Hajj policy - Time bound conduct of Hajj process - Held: Time schedule with regard to the hajj process as fixed by the Haj Committee of India to be strictly adhered to - No authority F or court to interfere in the process of submission of applications, scrutiny and allotment of seats by the Haj Committees, in case the interference would lead to disturbing the time schedule. G Hajj policy - Accommodation in Saudi Arabia - Committee constituted by Supreme Court to make arrangements for the pilgrims' accommodation in Saudi Arabia on a long term basis - Committee expected to make arrangements for stay of Indian pilgrims in Saudi Arabia by H 428 UNION OF INDIA & ORS. v. RAFIQUE SHAIKH 429 BHIKAN & ORS. taking accommodations on lease for a term not less than five A years before the commencement of Hajj 2013. Hajj policy - Air Fare - Government of India to invite tenders from the three Saudi Airlines and all the Indian registered Airlines besides any other airlines that may be 8 eligible under the Saudi Policy. Hajj policy - Grievance redressal - Held: At present a Joint Secretary in the Ministry of External Affairs is in-charge of Gulf and Hajj - But both the Gulf and the Hajj involve huge responsibilities - Government of India to give responsibility C of the Hajj alone to an Officer of the level of the Joint Secretary - Hajj cell to also have a permanent and effective grievance redressal mechanism - An officer of the level of Deputy Secretary to be made in-charge of dealing with all grievances concerning Hajj received from any of the Haji D Committees or any individual or group of individuals - Central Government advised to constitute a high powered committee to review the functioning of the Haj Committee of India, the State Haj Committees and the Union Territory Haj Committees and to consider the· suggestions or grievances E made by those Committees with a view to improving their performance. Hajj policy - Policy for Private Tour Operators (PTOs) - Held: Classification of PTOs to categories 1 & 2 fair and F reasonable and strikes a proper balance between needs of the pilgrims and also making provision for new entrants on a calibrated basis - Policy, approved after modifications by Supreme Court - Approved policy to be called Policy for Private Tour Operators for Hajj 2013-2017 - It shall remain valid for five years and shall not be questioned before any G court or authority. The instant special leave petition was filed by the Union of India against' the judgment passed by the Bombay High Court by which the Government was H 430 SUPREME COURT REPORTS [2013] 5 S.C.R. A directed to release 800 seats from the Government quota in favour of the writ petitioners [a group of Private Tour Operators (PTOs)] under the Government's PTO Policy for Hajj 2011. 8 Though the special leave petition was on a very limited issue, the Supreme Court decided to treat the case as a public interest litigation and to examine some of the major issues concerning the Hajj Policy of the Government of India. In the past two years, the Supreme C Court passed orders on a number of issues concerning the Government Hajj Policy. While re-iterating and confirming its earlier orders/ directions, some other important issues in the Hajj Policy of the Government of India, viz. i) Policy for Haj D Committee of India Pilgrims; ii) time bound conduct of hajj process; iii) accommodation in Saudi Arabia; iv) Air Fare; v) Grievance redressal and vi) Policy for Private Tour Operators were now dealt w
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