Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Lady Pilgrims Hajj Policy |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Case Disposed Off |
Headnote | Hajj policy - Policy for Haj Committee of India Pilgrims - 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 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.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 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.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 taking accommodations on lease for a term not less than five 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 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 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 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 theĀ· suggestions or grievances 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 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 court or authority. |
Judge | Hon'ble Mr. Justice Aftab Alam |
Neutral Citation | 2013 INSC 257 |
Petitioner | Union Of India |
Respondent | Rafique Shaikh Bhikan & Ors. |
SCR | [2013] 5 S.C.R. 428 |
Judgement Date | 2013-04-16 |
Case Number | 28609 |
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