Modi Govt violates the SC order by allowing Haj Subsidy (now in the name of relief/assistance) beyond May 2022 amounting to contempt of Court.

‘Building Haj house secular act, not religious’, says Bombay High Court. But, the Supreme Court directed the Central Govt in 2012 to  ‘eliminate’  the ‘Haj subsidy’ within a period of 10 years.

In May 2012, a two-judge Bench of the Supreme Court of India, consisting of Altamas Kabir and Ranjana Desai, ordered the Government of India to end the practice of Haj subsidy by 2022. But, Modi Govt just ignored it and is continuing it in the name of relief/assistance which amounts to contempt of Court. Moreover,  the Bombay High Court has forgotten the logic of that verdict of stopping the Haj subsidy and exhorting that the ‘Building Haj house secular act, not religious’!  

Upananda Brahmachari | HENB | Haridwar | Sept 11, 2023:: We must salute the system of Indian Judiciray which teaches us that Building Haj Houses for Muslims to facilitate the adherents of Islam to complete their Haj and Umrah is not a religious act. Rather it is purely Secular. 

Yes, recently (on Sept 7), the Bombay High Court told Hindutva leader Milind Ekbote, associated with the Samast Hindu Aghadi, that building a Haj house is a “secular activity, not religious”. Milind Ekbote filed a petition seeking to demolish a Haj house in Pune which is currently under construction.

The court told Ekbote, “You must differentiate between the indulgence of the state in religious activity and secular activity. Construction of the Haj house is a secular activity. It is not a religious activity. Do not confuse yourself.”

Perhaps, the Bombay High Court missed one thing. In May 2012, a two-judge Bench of the Supreme Court of India, consisting of Altamas Kabir and Ranjana Desai, ordered the Government of India to end the practice of Haj subsidy by 2022. But, Modi Govt just ignored it and is continuing it which amounts the contempt of Court. Moreover,  the Bombay High Court has forgotten the logic of that verdict of stopping the Haj subsidy and exhorting that the ‘Building Haj house secular act, not religious’!

From a reliable source, it is known that many Islamic bodies approached Altamas Kabir when he took charge as Chief Justice of India (29 September 2012 – 18 July 2013) to revoke his judgement on Haj subsidy. CJI Kabir conveyed then, “Haj and its related matters are solely religious. No Govt exchequer should  be utilised for Haj as it is not permitted by Islamic law.”

In May 2012, a two-judge Bench of the Supreme Court of India, consisting of Altamas Kabir and Ranjana Desai, ordered the Government to eliminate the Haj subsidy by 2022. The Bench said, “We direct the Central government to progressively reduce the amount of subsidy so as to completely eliminate it within a period of 10 years from today. The subsidy money can be more profitably used for the upliftment of the community in the educational field and other indices of social development.” The Supreme Court then said, “it would be presumptuous to tell the Muslims what was a good or bad religious practice for them, even though it is clearly cited in the Quran that Haj pilgrimage was mandatory only for those who could afford the expenses for travelling with food and accommodation”.

But, now, the bench of Chief Justice DK Upadhyaya and Justice Arif Doctor in Bombay High Court converted Hindu leader Milind Ekbote’s writ petition for ‘demolishing a Haj house’ into a Public Interest Litigation (PIL) after observing that he had no personal interest in the case.

The unknowledgeable public can understand that Islam is a religion, Muslims are a religious community, Haj is a religious activity, Haj houses are built for a religious purpose; but the highly knowledgeable bench of Chief Justice DK Upadhyaya and Justice Arif Doctor in Bombay High Court holds that ‘Building Haj house secular act, not religious.’

Anyway, the given time frame by the Supreme Court to stop the Haj subsidy ended by May 2022. However, the Union Govt led by ‘Pasmanda Samrat’ Modi and BJP are continuing Haj subsidies with added facilities and advertisements. This is a total violation of the Supreme Court order to end of Haj subsidy. It also amounts to contempt of court.

We don’t know of any subsequent case quashing or restraining the relevant Supreme Court order given by Altamas Kabir and Ranjana Desai on Haj Subsidy in May 2012.

To make a balance with the direction of the apex court, the central Govt announced an end of the Haj Subsidy in January 2018 and the then union minority welfare minister, BJP’s  Mukhtar Abbas Naqvi declared that the decision was taken for the empowerment of the minorities through more funding to the education sector of Muslim girls.

But, with connivence of Central Haj Committee of India (under the ministry of Minority affairs), different state Haj committees increased the Haj subsidies from the respective state ends in the subsequent years without any interference from anybody ^[1][2][3][4].

But, before the General Election in 2024, the BJP Govt in the center again came forth to provide a price cut for the Haj expenses in the name of relief/assistance instead of the earlier format of ‘subsidy’ to appease the minorities once again^[1][2][3][4].

As such, the Central Govt led by BJP with its ‘Pasmanda Welfare’ policies intentionally violated the nature of directives of the apex court to end the Haj subsidy with the latest (Feb 2023) reduction of Haj package cost by Rs 50000/-  per individual, just saying ‘we are not giving any haj subsidy’!

Through this writing, I earnestly appeal to my respected friends in the Supreme Court of India namely, Dr Subramanian Swamy, Adv. Hari Shankar jain, Adv. Ashwini Upadhyaya, Adv. Ranjana Agnihotri, Adv. J Sai Deepak, Adv. Vishnu Shankar Jain, and Adv. Vineet Jindal to take up the issue, if the Union Govt has violated the nature of the Supreme Court order to end Haj subsidy by 2022.

And Bombay High Court is requested to make a sense of its own interpretation that ‘Building Haj House is Secular.’

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__Courtesy to the used links & pictures sources.

Updated on 13.09.2023.