New Delhi, Aug 8: With just three weeks to go before the Haj pilgrimage commences on August 27, the Supreme Court has pulled up the government for unilaterally disqualifying private tour operators without the court's knowledge and in disregard of its Haj Policy framed in 2013.
A Bench led by Justice Ranjan Gogoi said the government's decision to disqualify private tour operators (PTOs) who ferry Haj pilgrims was “patently unacceptable” and done without first taking the court into confidence.
In April 2013, the Supreme Court had framed a detailed five year Haj Policy, highlighting the welfare and safety of the pilgrims.
The eligibility conditions imposed by the court for PTOs required that they disclose their bank sheets and profits, and that their minimum annual turnover should be Rs. 1 crore for the financial year 2010-11 or 2011-12.
In May 2013, the government issued a circular asking PTOs to either disclose banking transactions for three years or face disqualification. Over 20 PTOs moved the Supreme Court, arguing that it was a ploy to disqualify them.
Taking exception to the government's move, the Bench clarified that PTOs need to show proof of banking transactions for only the financial year 2010-11 or 2011-12, and not for three years.
“Disqualification of PTOs is hereby interfered with... It is difficult at this stage to comprehend and appreciate how, without taking court into confidence, it acted in such a manner. However, taking a magnanimous view, we do not want to pursue the matter further,” the court said in a written order.
Setting aside the May 2013 circular, the Bench asked the government to consider the applications afresh.
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