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2006 DIGILAW 1073 (SC)

Union of India v. B. N. Shukla

2006-09-18

A.R.LAKSHMANAN, C.K.THAKKER, Y.K.SABHARWAL

body2006
ORDER : Dr. Ar. Lakshmanan, J. Issue notice. 2. Mr. S.M.A. Kazmi, learned Advocate General for the State of Uttar Pradesh, accepts notice on behalf of Respondent No. 2. 3. The learned Solicitor General has brought to our notice the averments made in the affidavit dated 5th September, 2006, filed by the Director (Haj), Ministry of External Affairs, before the High Court, inter alia, pointing out the practical difficulties which would arise in case the arrangement, which has been going on for last number of years, is suddenly to be changed this year. In that affidavit, it has been stated that flights for annual Haj are likely to commence from 25th November, 2006 onwards. The process, in fact, commenced from 30th May, 2006, when Air India submitted the plan of action for Haj programme. Meetings have already been held with Saudi Arabian Airlines and Air India and invitation to tender for wet lease of aircraft was issued in June, 2006. It is stated that various logistical arrangements have to be made having regard to the Haj Committee quota. In September/October, 2006, coordination meetings on Haj embarkation will have to take place and in October, 2006, the Haj Committee will be required to pay pilgrim fare, as may be decided. Further, it has been pointed out that the Government has already signed an agreement with the concerned authority in Saudi Arabia for sending 1, 47,000 pilgrims for Haj 2006-II. One lakh of these pilgrims will be send through the Haj Committee of India. Ministry of Civil Aviation and Air India have made arrangements for transportation of these pilgrims. A commitment has been obtained from the Saudi Arabian Airlines for transporting about 60,000 pilgrims to Saudi Arabia. Air India has already issued tender notices and invited bids to wet lease for certain number of aircrafts to India to enable it to transport remaining 40,000 pilgrims. 4. In short, the contention is that for annual flights to commence around November, 2006, any amount of delay of requisite arrangements, agreements and tender would result in total chaos and huge financial liability may be imposed on the Government, besides its reputation in the international arena. We may, however, note that the writ petition has been directed to be listed for hearing by the High Court for today before the appropriate Bench for final hearing. 5. We may, however, note that the writ petition has been directed to be listed for hearing by the High Court for today before the appropriate Bench for final hearing. 5. In view of the peculiar difficulties pointed out, we stay for this year only the impugned orders to the extent they restrained the Government from providing funds or giving financial subsidies to Haj yatra. In so far as its validity and legality of such financial grant is concerned, we make it clear that this order shall not, in any manner, be construed as an impediment in the hearing of the writ petition listed today before the High Court and the decision of the writ petition on merits in accordance with law. In fact, we would request the High Court to hear and expeditiously decide the writ petition so that the legal position is crystallized, at least, before such event of the year 2007.