The Hindu : New Delhi News : Court clears Haj subsidy for this year

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Court clears Haj subsidy for this year

Legal Correspondent

New Delhi: The Supreme Court on Monday cleared subsidy payment for the Haj and provision of a grant to Mansarovar pilgrims by the Centre for this year.

A Bench comprising Chief Justice K.G. Balakrishnan and Justices R.V. Raveendran and Dalveer Bhandari passed this order after Solicitor-General G.E. Vahanvati said the Allahabad High Court was yet to dispose of the writ petition questioning the grant of the Haj subsidy.

The Bench extended the interim stay on the High Court order (restraining the Centre from providing funds or giving financial subsidy for the Haj or any other pilgrimage) until the petition, filed by B.N. Shukla, was disposed of. It asked the High Court to dispose of the petition expeditiously.

On a special leave petition filed by the Centre, the apex court in September 2006 stayed the interim order passed by the High Court, making it clear that the subsidy should be continued for 2006. Then in May 2007, this order was extended.

The Bench is also hearing a petition filed by Prafull Goradia, a former BJP Rajya Sabha member, who alleged that the estimated Rs. 280 crore annually incurred by the government for funding the Haj was not only unconstitutional but also a drain on the taxpayers’ money.

Financial assistance to pilgrims under the Haj Act was violative of Articles 14 (equality before law), 15 (prohibition of discrimination on grounds of religion, race and caste) and 27 (freedom as to payment of taxes for promotion of any particular religion) of the Constitution. The Centre and the State Governments were allotting a substantial amount to the Haj Fund created specifically to defray the expenses incurred by Muslims to undertake a pilgrimage to their hold lands abroad; whereas there was no such provision for Hindus, Christians, Buddhists and Sikhs visiting holy places of their religions outside India.

The Centre, in its response, said there was no discrimination as “the Government of India provides financial assistance for the conduct of pilgrimage to Kailash Mansarovar.”

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