Supreme Court has reaffirmed the importance of religious freedom and the right to embark on a sacred pilgrimage without any psychological pressure. The court refused to hear an appeal filed by the Union government, upholding the Delhi High Court's order that stayed the suspension of registration for certain private Haj Group Organisers.
Recognizing the significance of the Haj pilgrimage to Muslims worldwide, the Supreme Court emphasized the need to prioritize the spiritual well-being of the pilgrims. Justice Surya Kant and Justice MM Sundresh, constituting the vacation bench, emphasized that the issue would be appropriately addressed by the Division Bench of the Delhi High Court on July 7, and therefore, the Supreme Court saw no need for interference.
The Union government, represented by ASG Sanjay Jain, expressed concerns about the potential impact on the pilgrims if private Haj operators, described as "delinquents," were allowed to continue organizing Haj tours. However, the court noted that the matter was already being handled by the Delhi High Court and urged the Union to allow the pilgrims to embark on their spiritual journey without the burden of ongoing litigation.
ASG Jain outlined the existing system, where Saudi Arabia grants a quota for Haj pilgrims, with 80% allocated to the Haj Committee of India and the remaining portion operated through Haj Group Organisers (HGOs). While some HGOs faced complaints, Jain assured the court that the government would ensure the pilgrims' interests were safeguarded. He proposed that alternative HGOs would bear the financial responsibility, ensuring the pilgrims did not incur any additional expenses.
The court acknowledged the Union government's efforts but maintained that the High Court was best suited to address the concerns raised. Justice Surya Kant emphasized the need for the pilgrims to experience a peaceful and fulfilling journey, free from the psychological pressures of ongoing litigation. He suggested that the Union government refrain from taking action against the HGOs until the pilgrims returned, highlighting that their stay in Saudi Arabia would not be prolonged.
The backdrop of the case involved various private Haj Group Organisers challenging the suspension of their registration certificates and quotas published by the Union government. The Delhi High Court, recognizing the pilgrims' rights and their good faith in registering with these organizers, stayed the comments made in the consolidated list. Justice Chandra Dhari Singh, presiding over the single bench, stressed the importance of facilitating an alternative solution to ensure that the law did not impede the aspirations of noble-intentioned citizens seeking to undertake the Haj pilgrimage.
With its ruling, the Supreme Court has championed the cause of religious freedom and prioritized the spiritual well-being of the pilgrims, ensuring that their journey to Haj remains a deeply enriching and transformative experience.
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