NEW DELHI, 19 September 2006 — India’s Supreme Court yesterday stayed the Allahabad High Court order restraining the central government from providing financial subsidy to Haj pilgrims.
However, the order pertains to Haj pilgrimage for this year only.
A bench comprising Chief Justice Y.K. Sabharwal, Justice A.R. Lakshmanan and Justice C.K. Thakker granted the stay while ordering notice on a special leave petition filed by the government against the high court order.
It asked Solicitor General G.E. Vahanvati “whether granting subsidy for a pilgrimage does not violate the secular character of our constitution that there shall be no discrimination on the basis of religion.
“Either grant such subsidy to all religions or don’t give them at all,” the bench said. Vahanvati, however, said that while the matter required examination, the process should not be disturbed this year since it had started in May on a massive scale.
He said that all arrangements had already been put in place for Haj 2006-II. Tenders were invited for the wet lease of aircraft in June. Commitment from the Saudi Arabian Airlines had been obtained for transporting 60,000 pilgrims.
To a question from the bench as to what would happen if there were no subsidy, Vahanvati said that most pilgrims would not be able to undertake the pilgrimage.
He said that the government had signed an agreement with the authorities concerned in Saudi Arabia for sending 147,000 pilgrims for Haj 2006-II of which 100,000 would be sent through the Haj Committee of India. The implementation of the high court judgment would derail the Haj arrangements and the quota for sending 147,000 pilgrims would be in jeopardy and would have serious international ramifications in securing quota for Indians at future Haj programs.
The bench issued notice to the Uttar Pradesh government, the petitioner and others and asked the high court to dispose of the main petition on the validity of the subsidy as expeditiously as possible but before the Haj 2007.
On a petition by B.N. Shukla challenging the grant of subsidy to Haj pilgrims, the high court had restrained the central government from releasing any funds or subsidy for this year’s Haj pilgrimage.
The high court by an order on Sept. 7 also rejected the plea for vacating the earlier order and to permit the government to make all other arrangements. The petition sought quashing of the judgment and an interim stay on its operation. Muslim leaders protesting the Allahabad High Court orders say the government’s subsidy is not a special privilege.
The reason is that the government arranges travel for Haj pilgrims mostly on the state carrier, Air-India. Through this, the government earns revenue, so a subsidized ticket is justified.
The government says it’s not minority politics as the court has said, since taxpayers’ money is also used for Hindu religious events like the Kumbh Mela and visits to temples. “The government provides funding for Kumbh Mela. The Ramayana mela in Ayodhya also receives assistance. It’s not appropriate to say such things,” said Ambika Chaudhery, UP revenue minister.
