| Citation(s) |
|---|
| 2018 SLG 2645 2018 SLD 2645 2018 PLD 323 |
W.P. No. 875 of 2018, hearing Date : 15-03-2018.
Petitioner(s) by: Afnan Karim Kundi, Additional Attorney General, Arshad Kiayani, Deputy Attorney General, Shabbir Abbasi, Assistant Attorney General
Respondent(s) by: Syed Farhan Shah, Mohammad Aftab, Addl. Secretary, M/o Religious Affairs
HAJJ ORGANIZERS ASSOCIATION OF PAKISTAN THROUGH AUTHORIZED OFFICER AND 8 OTHERS
VS
FEDERATION OF PAKISTAN THROUGH SECRETARY, MINISTRY OF RELIGIOUS AFFAIRS AND INTERFAITH HARMONY AND 7 OTHERS
Law:
Section:
(a) Constitution of Pakistan-- ----Art. 199---Constitutional petition---Policy matter---Hajj quota, allocation of---Principle---Generally, Courts refrain from interfering in policy making domain of the Executive---Allocation of Hajj quota falls within the ambit of "policy making" authority of the Executive---Interference by High Court can only be justified if the policy suffers from illegality or it is based on mala fide. (b) Constitution of Pakistan-- ----Art. 199---Constitutional petition---Policy matter---Hajj quota, allocation of---Petitioners were existing and new private Hajj Group Organizations (HGOs) and they were aggrieved of allocation of quota for Hajj---Plea raised by authorities was that New Hajj Group Organisations (N-HGOs) were being assessed by a Committee which had been specifically constituted for such purpose---Validity---Arrangements of Hajj were time bound and petitioners who fell under the category of N-HGOs were justified in urging that their cases be processed at the earliest so that they could also benefit under Hajj Policy and Plan for year 2018---High Court directed that the Federal Government to formulate a policy and criteria in consultation with the Committee constituted by Supreme Court; that the Committee to formulate criteria for enrollment/registration of new applicants at HGOs; that Committee was to conclude its proceedings and forward prescribed criteria to relevant ministries of Federal Government, within three months; that concerned ministries of Federal Government to invite applications through publication in daily newspapers and the same would be processed according to the prescribed criteria, prerferably within three months from the last date fixed for submission of applications and that quota of 40% earmarked by the Committee for private HGOs would be distributed among old and new categories in a transparent manner and Ministry of Religious Affairs of Federal Government was to resolve disputes and grievances relating to allocation of quota inter se private Hajj Group Organizers by affording aggrieved persons an opportunity of hearing and through speaking orders---Constitutinal petition was disposed of accordingly.…
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