Yusuf Ansari / New Delhi
Muslims leaders have intensified their demand for the formation of the Hajj Committee of India which has been defunct for several years. In October 2021, they filed a Public Interest Litigation (PIL) in the Supreme Court, which has been heard nine times. Due to this PIL, most states formed their State Hajj Committees.
In the tenth hearing, a bench headed by Chief Justice D.Y. Chandrachud ruled on March 27, 2023, that the Ministry should form the Hajj Committee within three months. However, even after six months, the committee has not been formed, forcing them to file a contempt petition in October 2023.
They have also sought time from leaders of opposition parties to explain their demands. They are also publicly seeking help to save this institution.
A former member of the Central Hajj Committee, from the Uttar Pradesh Hafiz Naushad Azmi has appealed for support from leaders of different political parties as central government is not heeding to their demand for long. Mr. Azmi, who has been working for Hajj travel for the past 25 years, who was also instrumental in the creation of the 2002 Hajj Act through his movement during the NDA government said that for the past four years, they have been demanding the formation of the Hajj Committee of India under the Hajj Act 2002.
In October 2021, they filed a Public Interest Litigation (PIL) in the Supreme Court, which has been heard nine times. Due to this PIL, most states formed their State Hajj Committees. In the tenth hearing, a bench headed by Chief Justice D.Y. Chandrachud ruled on March 27, 2023, that the Ministry should form the Hajj Committee within three months. However, even after six months, the committee has not been formed, forcing them to file a contempt petition in October 2023.
During the hearing, the Chief Justice ordered the central government to file an affidavit by April 15, 2024, explaining why the committee had not yet been formed. The affidavit submitted by the central government on April 12, 2024, displayed an incapacity that is unacceptable. Despite multiple letters from various ministers to the Lok Sabha Speaker, Om Birla, no nominations were sent from the Lok Sabha. Similarly, the Chairman of the Rajya Sabha, Jagdeep Dhankhar, did not send any nominations. According to the Hajj Act of 2002, the Hajj Committee of India should have 23 members, including three members of Parliament—two from the Lok Sabha and one from the Rajya Sabha.
Mr. Azmi also mentioned that after their petition was filed in October 2021, a half-hearted notification for an eight-member committee was issued on April 1, 2022. This notification blatantly violated the Hajj Act 2002. Two members, who should have been Islamic religious scholars, were replaced with party workers. One member, Mr. Jafferul Islam, was already a member of the Uttar Pradesh State Committee from the Rajya Sabha quota. Additionally, elections for the chairman and vice-chairman were held on April 27, 2022, with only 19 out of 23 members eligible to vote and run office,member rendering the entire process illegal.
Mr. Azmi has revealed that this department was transferred from the Ministry of External Affairs to the Ministry of Minority Affairs in 2016 through an order from the PMO, with the intent of some individuals and the government of India to take control of this institution. At that time, we protested against this transfer on November 8, 2016, at Jantar Mantar in Delhi, demanding the return of the department to the Ministry of External Affairs. However, on the same day, demonetization occurred, and the matter was suppressed.
In the committee formed in 2016, three members who were supposed to be Muslim religious scholars were replaced with party workers, and the committee’s term, which was until June 20, 2019, was extended twice by six months each. An executive chairman was also appointed in this committee against the rules, laws, and traditions, leading to a complete misuse of power by the minister, the ministry, and the committee.
Mr. Azmi recalled that in 2008, the tradition was started to upload the committee’s action reports on the website, which continued until 2009. However, after the transfer of this department, this tradition was discontinued, and no committee has been formed since. According to the law, the committee should be formed four months before the end of its term.
Mr. Azmi highlighted several points of corruption, such as leasing land worth crores of rupees in the name of camp offices, constructing boundary walls, and getting maps approved. According to the law, camp offices should be in five cities besides Mumbai: Delhi, Lucknow, Hyderabad, Calicut, and Kolkata. The Central Hajj Committee can establish offices in these places in consultation with the government. Additionally, work worth crores of rupees was carried out in the Central Office Hajj House in the name of maintenance, and large decoration with the minister’s name were placed in at least ten places within the Hajj House, which is against tradition and rules. This entire conspiracy needs a high-level investigation to uncover the truth.
In 2022, Hajj pilgrims were forced to buy suitcases, bags, and sheets at exorbitant prices, resulting in a major scam worth crores of rupees. According to tradition, Hajj pilgrims used to receive facilities such as two sets of ihram (the traditional clothing worn during Hajj) and 2100 riyals at the airport. Additionally, embarkation points were selected district-wise across the country, confusing pilgrims with the options given. Due to the low number of pilgrims from smaller embarkation points, the cost of travel from these points increased significantly, reducing the number of pilgrims from these areas. This arrangement seemed designed to eliminate smaller embarkation points, which were established at the request of state Hajj committees before 2018 through the Central Hajj Committee via the central government. This arrangement should be reinstated as it was before 2018.
Mr. Azmi also revealed that neither the central government nor any state government has invested even a rupee in the central office in Mumbai. The billions of rupees worth of property and transactions of the Central Hajj Committee are the trust of the Muslim community, and the central office conducts transactions worth billions of rupees annually. The Muslim community wants to know how their money has been utilized, which banks it is kept in, and the income of the Hajj Committee of India from 2016 to Hajj 2024. All these issues should be investigated at a high level to bring out the truth.
Mr. Azmi expressed great sadness, stating that the Hajj Act 2002, created during the tenure of the late Atalji with full support from the opposition, resulted in a well-drafted Hajj Act. However, the current NDA government is dismantling the 2002 Act, causing increased disarray and problems for Hajj pilgrims. Mr. Azmi noted that the decisions made on March 27, 2023, and April 29, 2024, have been put on hold by the Ministry of Minority Affairs. The Supreme Court of India had mandated that a complete committee be formed in accordance with every section of the Hajj Act 2002 before August 31, 2024. In this regard, on 19/07/2024, the ministry issued a notification considering the committee formed on 01/04/2022 as the legal committee and asked for six names from the zonal representatives, which is completely impractical and illegal. Mr. Azmi addressed the Minority Affairs Minister, Kiran Rijiju, stating that a detailed letter, including all the facts and evidence, had been sent to him on 22/06/2024. He expressed disappointment, noting that it seems the minister does not want to make this institution transparent and lawful. Mr. Azmi emphasized that the minister cannot avoid his responsibility in any way. With three members elected from Parliament—two from the Lok Sabha and one from the Rajya Sabha. Additionally, three members are to come from the Uttar Pradesh Committee, the Kerala Hajj Committee, and the Maharashtra Hajj Committee, and seven members are to be nominated by the Prime Minister’s office. As the Hajj is a religious institution, the Act provides for the nomination of three religious Muslim law scholars (Muftis). Consequently, elections need to be held for 19 members in the 19-member committee, including the election of the President and Vice President.
Mr. Azmi also mentioned that to comply with the decision, a letter was sent to the Cabinet Secretary and the Secretary of the Ministry on May 21, 2024. Subsequently, on June 22, 2024, a letter was sent to the Prime Minister and the Minister of Minority Affairs, Mr. Kiran Riju, to enforce the decision and ensure that the Muslim law scholars appointed under the religious category provide an affidavit of their qualifications as Muftis. This is because there were errors made by the ministry in forming committees twice under this quota.
In response to a question, Mr. Azmi said that the Lok Sabha Speaker, Mr. Om Birla, needs to send two names again, and the Rajya Sabha Speaker needs to send one name. He questioned what guarantee there is that these names will be sent this time, given that they were not sent last time. He suggested that leaders like Mr. Rahul Gandhi, the Leader of the Opposition in the Lok Sabha, Mr. Akhilesh Yadav, Mr. Abhishek Banerjee, T.R. Baalu, Dr Missa bharti and other opposition leaders could inquire about the missing names. Similarly, in the Rajya Sabha, leaders like Mr. Mallikarjun Kharge, the Leader of the Opposition (rajya sabha), Mr. Ram Jilal Suman, Mr. Sharad Pawar, Mr. Sanjay Raut, and Mr. Sanjay Singh should ask why they did not fulfill their duty. He questioned why compliance with the 2002 Act and the Supreme Court’s decision is still lacking. The Hajj Committee of India, which used to effectively address the issues of Hajj pilgrims through state committees, was beneficial for them. Since 2016, the ministry has illegally taken over this function.
According to the decision of April 29, 2024, elections for the Hajj Committee of India’s President and Vice President should be conducted with transparency in the 19-member committee, and the notification of April 27, 2022, which has been proven illegal, should be canceled.