IN THE SUPREME COURT OF PAKISTAN 
(APPELLATE JURISDICTION) 
 
 
PRESENT: 
MR. JUSTICE TASSADUQ HUSSAIN JILLANI 
MR. JUSTICE AMIR HANI MUSLIM  
 
CIVIL APPEAL NOs. 800-L, 801-L & 802-L OF 2013 
AND 
CIVIL PETITION NOs. 1148/2013 & 1348/2013  
AND 
C.M.A. NOs. 278-L, 279-L/2013, 285-L/2013, 289-L/2013, 
5328 TO 5333/2013, 5378/2013, 5463/2013, 5464/2013 & 
5477/2013 
(On appeal from the orders dated 24.6.2013 & 9.7.2013 passed by Lahore High 
Court, Lahore in Writ Petition No. 7253/2013 and judgment dated 15.7.2013 
passed by Islamabad High Court, Islamabad in WP No. 2939/2013) 
 
Dossani Travels Pvt Ltd 
 
(CA 800-L/2013) 
 
City Travels (Pvt) Ltd 
 
 
(CA 801-L/2013) 
 
Super Travels Pvt Ltd 
 
 
(CA 802-L/2013) 
 
Usman Air Travels through its CEO 
 
 
(CP 1148/2013) 
 
M/s Golden Travel Services Pvt Ltd 
 
 
(CP 1348/2013) 
 
… Appellants/Petitioners 
VERSUS 
 
M/s Travels Shop (Pvt) Ltd and 
others 
 
(CAs 800-L, 801-L & 802-
L/2013) 
 
Federation of Pakistan through 
Secretary M/o Religions Affairs 
and others 
 
 
(CPs 1148/2013 & 1348/2013) 
 
… Respondents 
 
 
For the Appellants: 
Mr. Afzal A. Haider, ASC 
 
 
 
 
(In CAs 800-L to 802-L/2013) 
 
For the Petitioners: 
Mr. Muhammad Ikram Ch, Sr. ASC 
 
 
 
 
(In CPs 1148 & 1348/2013) 
 
For the Applicants: 
Mr. Waseem Majid Malik, ASC 
 
 
 
 
(In CMA 278-L/2013)  
 
 
 
 
 
Mr. A.K. Dogar, Sr. ASC 
 
 
 
 
(In CMA 279-L/2013)  
 
 
 
 
 
Mr. Saeed Ullah Khan, ASC 
 
 
 
 
(In CMA 285-L/2013)  
 
CIVIL APPEAL NOs. 800-L, 801-L & 802-L OF 2013 etc 
2
 
 
 
 
Mr. Azhar Siddique, ASC 
 
 
 
 
(In CMAs 5328 to 5333/2013)  
 
 
 
 
 
Mr. Mir Adam Khan, AOR 
 
 
 
 
Mr. Nek Nawaz Khan Awan, ASC 
 
 
 
 
(In CMA 5378/2013)  
 
 
 
 
 
Qari Abdur Rasheed, ASC 
 
 
 
 
(In CMAs 5515 to 5520/2013) 
 
For FBR: 
 
 
Syed Arshad Hussain Shah, ASC 
 
For SECP: 
Mr. 
Naveed 
Ihsan, 
Departmental 
Representative 
 
For CCP: 
Mr. Muhammad Bilal, Sr. ASC 
 
Mr. Babar Bilal, ASC 
 
For NADRA: 
Mr. Saqib Jamal, Manager Legal 
 
On Court Call: 
Mr. 
Abdul 
Hayee 
Gillani, 
Additional 
Attorney General 
Mr. Dil Muhammad Alizai, DAG 
Mr. Jahanzeb Wahla, Standing Counsel 
Mr. Shahzad Ahmed, Joint Secretary, 
Ministry of Religious Affairs 
Mr. Farid Khattak, Deputy Secretary, 
Ministry of Religious Affairs 
 
For the Respondents: 
Mr. A.K. Dogar, Sr. ASC 
 
 
 
 
Mr. Azhar Siddique, ASC 
 
 
 
 
Qari Abdur Rasheed, ASC 
 
Date of Hearing:  
27.08.2013 
ORDER 
 
 
 
For reasons to be recorded later in the detailed 
judgment, Civil Appeal Nos. 800-L to 802-L/2013 are allowed, Civil 
Petition Nos. 1148 & 1348 of 2013 are converted into appeals and 
allowed and C.M.A. Nos. 278-L, 279-L/2013, 285-L/2013, 289-
L/2013, 5328 to 5333/2013, 5378/2013, 5463/2013, 5464/2013 
& 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. 
7253/2013 is violative of the principle of 
trichotomy of powers, which is one of the 
CIVIL APPEAL NOs. 800-L, 801-L & 802-L OF 2013 etc 
3
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, 
CIVIL APPEAL NOs. 800-L, 801-L & 802-L OF 2013 etc 
4
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.  
 
JUDGE 
 
 
 
JUDGE 
Islamabad, the 
27th of August, 2013 
Approved For Reporting 
 
Khurram