New Delhi, January 18, 2007
The Supreme Court has issued a notice to the
Centre on a petition by a former BJP MP challenging
the Constitutional validity of the Haj Committee
Act, 1959 under which an annual financial assistance
of about Rs 280 crore is given to Muslims embarking
on Haj.
Contending that funding of Haj pilgrimage by
the state at the expense of taxpayers' money
ran contrary to the secular and socialist character
of the Constitution, petitioner Prafull Goradia
requested the court to direct the Government
refund his share of tax spent on the pilgrimage.
In this context, the petitioner mentioned the
42nd Amendment to the Constitution by which
"Socialist" and "Secular"
words were inserted in the preamble to the Constitution.
He complained that provision of special subsidy
to the Muslims to the exclusion of other religious
communities like Hindus, Christians, Buddhists
and Sikhs violated the Constitution as the state
cannot discriminate between the citizens on
the grounds of religion, caste or creed.
Quoting various provisions of the Constitution,
he submitted that his fundamental rights, particularly
those under Article 27, have been violated.
According to Article 27, "no person shall
be compelled to pay any taxes, the proceeds
of which are specifically appropriated for the
payment of expenses for the promotion and maintenance
of any particular religion or religious denomination."
He submitted that the special financial assistance
to the Haj pilgrims from the taxpayers' money
was discriminatory as no such facilities were
being extended to Hindus, Christians, Buddhists,
Sikhs and other religious communities.
After issuing the notice, a Bench headed by
Justice HK Sema directed that the petition be
tagged along with the Centre's appeal against
an Allahabad High Court order restraining the
Centre from giving subsidy to Haj pilgrims.
Another Bench of the apex court had in September
last year stayed the August 25 order of the
High Court and allowed subsidy for this year
only while asking the High Court to expeditiously
decide the matter.
The Supreme Court has already issued notices
to the Uttar Pradesh Government and Shiv Sena
leader BN Shukla, on whose petition the High
Court had passed the order.
About 1.47 lakh pilgrims are to go to Saudi
Arabia for Haj in 2007 out of which one lakh
would embark on the pilgrimage through various
Haj Committees while the rest would travel on
their on or through travel agencies.
The apex court had earlier observed that there
was no objection to the government making arrangements
for pilgrims but direct financial subsidy was
not permissible. It had sought to know if in
any other pilgrimage government gave subsidy
of this nature.
Contending that granting assistance was a matter
of policy, the Centre had contended that "it
is not within the province of the courts to
interfere with the policy decision unless it
is contrary to any statute or any provision
of the Constitution."
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