DOSSANI TRAVELS PVT. LTD. and 4 others/s vs Messrs TRAVELS SHOP (PVT.)

ORDER

1. ' For reasons to be recorded later in the detailed judgment, Civil Appeals Nos, 800-L to 802-L/2013 are allowed, Civil Petitions Nos,1148 and 1348 of 2013 are converted into appeals and allowed and C.M.As. Nos,278-L, 279-L/2013, 285-L/2013, 289-L/2013, 5328 to 5333/2013, 5378/2013, 5463/2013, 5464/2013 and 5477/2013 are disposed of and we hold and declare as under:--

(i) that the order of the learned High Court dated 24-6-2013 passed in Writ Petition No,7253 of 2013 is violative of the principle of trichotomy of powers, which is one of the foundational principles of the Constitution of Islamic Republic of Pakistan;

(ii) that it is not the function of the High Court exercising jurisdiction under Article 199 of the Constitution to interfere, in the Policy Making Domain of the Executive;

(iii) that the learned High Court in the exercise of its Constitutional jurisdiction directed selection of Hajj Group Organizers through bidding process and thereby substituted the criterion laid down in the Hajj Policy framed by the Ministry of Religious Affairs without hearing the appellants/Hajj Group Organizers and others who had already been allocated quota and had made arrangements for intending Hujjaj, which is not tenable in law;

(iv) that the High Court can under Article 199 of the Constitution annul an order or a Policy framed by the Executive, if it is violative of the Constitution, law or is product of mala fides. However, nothing has been placed before this Court to indicate that the Hajj Policy challenged before this Court seriously suffered from any of these infirmities; and

(v) that Ministry of Religious Affairs shall continue to regulate the operation of Hajj i,e, enrollment, registration and allocation of quota every year in the light of a fair and transparent policy and the guidelines to be laid down by this Court in the detailed judgment.