Date:20/04/2007 URL: http://www.thehindu.com/2007/04/20/stories/2007042001301300.htm

National

Centre may seek transfer of Haj subsidy case to apex court

Legal Correspondent

Now, with a judge withdrawing, case may be delayed in Allahabad High Court

Arrangements were to be finalised with Saudi before May 2

Another petition still pending in Supreme Court

New Delhi : The Centre is considering seeking transfer to the Supreme Court of a writ petition, pending in the Allahabad High Court, challenging the grant of subsidy to Haj pilgrims.

The arguments were in the final stages, when on April 17 Justice O.N. Khandelwal withdrew from the Bench. The matter will now have to be heard afresh and it is unlikely that the case will end before the commencement ofthe 2007 pilgrimage.

Highly placed sources said the Centre was to finalise arrangements for hiring aircraft and accommodation with Saudi Arabia before May 2.

If the writ petition is transferred to the apex court, an order one way or the other could be obtained, it is hoped.

Another writ petition filed in the apex court by Prafull Goradia against Haj subsidy is still pending.

The High Court, by an interim order in August 2006, restrained the Centre from granting financial subsidy to Haj pilgrims that year. A three-judge Supreme Court Bench headed by the then Chief Justice Y.K. Sabharwal directed the High Court to dispose of the main writ petition expeditiously before the pilgrimage was finalised for 2007.

Accordingly, it took up the matter, but towards the fag end of arguments, Justice Khandelwal withdrew from the case.

While clearing the subsidy for 2006 in view of the fact that all arrangements had been made, the apex court asked Solicitor-General G.E. Vahanvati whether granting subsidy for one pilgrimage did not violate the secular character of the Constitution. ``Either grant such subsidy to all religions or don't give them at all," it said.

In its counter affidavit, the Centre said the basic feature of secularism was in no way marred by the policy decision to grant subsidy to Haj pilgrims.

"The Government is not averse to the idea of granting support to the pilgrimage conducted by any community," it said and pointed out that subsidy was being provided for the Kailash Manasarovar pilgrimage as well. Similarly, facilities were being provided to Hindu and Sikh pilgrims to visit temples and gurdwaras in Pakistan.