New Delhi, May 8: The Supreme Court today struck down the government's policy of giving subsidies to Haj pilgrims and directed that it be progressively “eliminated” within a period of 10 years.
“We hold that this policy is best done away with,” a bench of justices Altamas Kabir and Ranjana Prakash Desai held.
The bench also directed the government to reduce to two the number of its representatives in the Prime Minister's goodwill delegation.
It said it will look into the functioning of Haj Committee of India and it process for selecting people for Haj pilgrimage.
The apex court was hearing an appeal filed by the Centre challenging a Bombay High Court judgement which had directed the Ministry of External Affairs to allow certain private operators to handle 800 of the 11,000 pilgrims earmarked under the VIP quota subsidised by the government.
The bench while hearing the plea of the Centre had expanded the purview of the plea and decided to look into the legality of the government's policy on granting subsidies to Haj pilgrims.
During the hearing in the case, the Centre had defended the policy of giving subsidies to the Haj pilgrims and had said it had framed guidelines so that people get subsidies only once in their lifetime.
In an affidavit, the Centre had told the court that it has decided to restrict Haj pilgrimage at government subsidy to Muslims only as a “once in a lifetime” affair as against the existing policy of “once in five years”.
It had said the new guidelines have been framed to ensure that priority is given to those applicants who have never performed Haj.
The government, however, had refrained from disclosing the amount of subsidy being incurred by it for 2012, saying, “The exact figure in respect of the travel subsidy to the pilgrims going through Haj Committee of India for 2012 will be known after the Hajis completed their Haj journey and return to India.”
The apex court had earlier expressed its dismay at the practice of sending official delegations to accompany the pilgrims and had asked the Centre to furnish entire details regarding Haj subsidy, as also about the criteria adopted.
“These goodwill delegations need to be scrapped altogether. They are no longer relevant. Even a team of 9 to 10 persons is not required,” the bench had observed.
The bench had also pulled up the Centre's practice of “politicising” Haj by permitting official delegations to accompany the pilgrims, for which the government offers huge subsidy, saying, “It's a bad religious practice.”
Welcoming the Supreme Court order, Muslim Members of Parliament today sought an arrangement which will directly benefit the pilgrims and improve standards of the minority community.
“The Haj subsidy of Rs 600 crore is given to Air India and not pilgrims... Under this garb of subsidy, it (money) is going to Air India which is a sick airline,” Majlis-e-Ittehadul Muslimeen (MIM) chief Asaduddin Owaisi told reporters outside Parliament.
Reacting to the apex court order, Owaisi said, “This Rs 600 crore should be invested in education of minority girls because their education standards are very very low.”
Congress MP Saifuddin Soz also welcomed the decision and said, “Right Wing extremists also opposed this (Haj subsidy) and the Ulemas also called it Un-Islamic.” For better facilities to the pilgrims, he sought a corporation for the purpose.
Owaisi asked the government to renegotiate the agreement with Saudi Arabia under which only Air India and Saudi Airline are allowed to carry passengers for Haj. “You renegotiate it, call a global tender, the prices will come down,” he said.
He further stated that only the rich Muslims are able to go to Haj. “Muslims who go to Haj... Only those Muslims can go (there) who are financially and economically well off. Those who are not financially well off cannot go there.”
Owaisi has been opposing the Haj subsidy in various forums including the Presidential Debate and had recommended this during his General Budget speech in March.
“This Rs 600 crore is of no use, it has no political significance. We welcome it, why 10 years it should be removed immediately,” he said.
Soz said, “20 Muslim leaders, including myself, have petitioned to GoI that the subsidy should be withdrawn, and instead of it they should set up a corporation on the lines of one in Malaysia, which will be more advantageous for the pilgrims.”
The Supreme Court was hearing an appeal filed by the Centre challenging a Bombay High Court judgement which had directed the External Affairs Ministry to allow certain private operators to handle 800 of the 11,000 pilgrims earmarked under the VIP quota subsidised by the government.
Striking down the subsidy, the apex court directed that it be progressively “eliminated” within a period of 10 years.
