ABDUL GANI SOFT Vs. HAJ COMMITTEE

JUDGEMENT

(1.) A batch of petitions numbered above involve almost identical questions for determination, hence, taken up for disposal together.

(2.) WITHHOLDING of travel document "pilgrimage pass" by State Committee for want of clearance by the CID agency (respondent no. 3) is under challenge, same is claimed to be violative of the fundamental right guaranteed under the Constitution of India. A person has a right freely to profess, practice and propagate religion subject to certain restrictions i. e. , it shall not offend public order, morality and health and shall not also offend other provisions of the part III of the Constitution.

(3.) THE five pillars of Islam which include haj are the foundation of Muslim life and are integral part of the religion. Every able bodied Muslim is religiously duty bound to make the pilgrimage to Mecca at least once in the lifetime subject to affordability. Committee (Central Haj Committee) and the State committee (State Haj Committee) in terms of the provisions of The Haj Committee Act. 2002 have been established for facilitating/ making arrangements for pilgrimage of Muslims for haj and for connected matters therewith.