Haj subsidy stays as SC vacates HC order

NEW DELHI: In a major relief to lakhs of haj pilgrims, the Supreme Court on Monday vacated the Allahabad high court order that restrained the government from providing them with financial subsidies.

The order clears the cloud of uncertainty for those pilgrims who had approached the concerned authorities for availing the scheme of subsidy for this year haj, which had come to a halt due to the high court order.

Before staying the high court order, a bench of chief justice YK Sabharwal, justice AR Lakshmanan and justice CK Thakker showered questions to the solicitor general (SG) GE Vahanvati as to why the largesse was granted to the haj pilgrims.

“Here it is a question of granting largesse,” it observed and added that the state can do arrangements for security and health of the haj pilgrims but not such type of largesse.

Referring to Sikh Jatha going for pilgrimage to Nanakana Sahib in Pakistan, the bench asked “do you (centre) give any concessions for such journey.” The bench asked and wanted to know whether any concession was there for mansarovar yatra.

However, the sg was quick to bring the situation under control and said the matter has to be viewed in broad context as larger issues were connected with it and the subsidy was being provided to the pilgrims since 1994 and all arrangements for the haj scheduled for November were in advanced stage.

Taking into account the SG’s submission, the bench said it was staying the high court order to the extent of grant of funds and financial assistance to the haj pilgrims for this year.

The court, however, made it clear that since the matter was pending consideration before the high court, it will be for the high court to decide the validity and legality of the issue.

The SG had sought stay of the high court order contending that it has a far reaching effect as the entire arrangements done for the haj would be affected and it would be a big setback for the country in terms of international image.

Further, it said there has been an arrangement with the Saudi Airlines for the haj pilgrims and if it was cancelled, there would be a huge economic loss to the state exchequer.

The SG said the government had already entered into agreement with Saudi Arabia about the accommodation of 1.49 lakh people. The Lucknow bench of the Allahabad high court had restrained the centre and UP government from providing funds or financial subsidies to haj pilgrims.

However, the high court had allowed them to make arrangements to ensure law and order and safety of the people going on pilgrimage. The order was passed on a petition filed by a Shiv Sena leader in 1995. His petition had said the union and state governments should not pay any subsidy to haj pilgrims out of the central or state exchequers.