Delhi HC sets aside blacklisting of Haj group organisers by Centre

New Delhi: The Delhi High Court has set aside the government's decision to blacklist several Haj Group Organisers (HGOs) due to alleged violations of the Haj Policy for 2023. Justice Sanjeev Narula reviewed more than 15 petitions from the organisers and found that the show cause notices issued to them were unclear and legally invalid, violating principles of natural justice.

Last year, the Ministry of Minority Affairs blacklisted these organisers from applying for HGO registration for periods ranging from five to 15 years, starting from Haj 2024. The ministry also ordered the forfeiture of their security deposits.

In May 2023, authorities issued show cause notices after receiving complaints about possible collusion and black marketing of HGO seats.

"While the impugned orders (of blacklisting) are elaborate and explicitly cite specific provisions and clauses of the Haj Policy, 2023, which the petitioners were found to be violating, the show cause notices do not refer to any particular violations of the Haj Policy, 2023, attributable to the petitioners.

"Therefore, in the absence of specific details of the provisions in the show cause notices about the proposed action of blacklisting or debarment, the Petitioners were denied a fair opportunity to mount a proper defence against such severe punitive measures," said the court in the September 18 order.

"The impugned orders in all the afore-noted petitions are set aside," it ordered.

While the court did not examine the merits of the case, it directed the ministry to issue new show cause notices within one week, clearly outlining the specific Haj Policy violations and the proposed actions. The court insisted that a fresh decision should be made within 10 days after considering the responses from the organisers.

The court stated that the organisers can now apply for Haj 2025, with their applications to be reviewed according to the law. However, seat allocations will only proceed after the new show cause notices are addressed.

Additionally, the court ordered that the security deposits submitted by the organisers for Haj 2023 will be “rolled over” for Haj 2025, as long as they pay any additional deposit amounts required.

The Centre defended the blacklisting, claiming it was necessary to protect the interests of pilgrims and maintain the integrity of the Haj process. They argued that the legal requirement for proper notice regarding the alleged violations had been met and that penalties were essential.

The petitioners denied all allegations against them. The court highlighted that natural justice principles require that any notice must “explicitly mention” the possibility of blacklisting and provide a “clear opportunity” for the affected parties to respond, as such actions could severely impact their organisations which often leads to its “civil death.”

"Upon perusal of the show cause notice, it becomes evident that the notices issued to the petitioners fall short of the requisite legal threshold that must be met before taking such a drastic action as blacklisting or debarment," it said.

Agency