The High Court (HC) in a judgment Thursday cleared the path of pilgrims to choose any airline for performing their Hajj in Saudi Arabia, sources said.
The judgment declared 'illegal' a government decision of April 24, 2013 that the Hajj pilgrims cannot choose any other airline except the Biman Bangladesh Airlines and the Saudi Airlines.
In response to a writ petition, the HC bench comprising Justice Salma Masud Chowdhury and Justice Md Habibul Gani delivered the judgment.
Following the judgment, the pilgrims can now avail any airline as per their own choice to perform their Hajj, lawyers concerned said.
Advocate Mahbub Shafique and Advocate AKM Hafizul Alam appeared for the petitioners in the court while Attorney General Mahbubey Alam and Deputy Attorney General Md Mokhlesur Rahman stood up for the government.
The ministry of civil aviation and tourism on April 24, 2013 took a decision about the mandatory flight in the two airlines for the pilgrims.
Challenging the decision, Hajj Agencies Association of Bangladesh (Haab) President Abdul Kabir Khan, Secretary General Sheikh Abdullah and one Hajj passenger, Rezaul Islam, filed the writ petition with the HC.
Following the petition, the HC bench comprising Justice Naima Haider and Justice Zafar Ahmed on July 29, 2013 ruled that the pilgrims can choose any airlines of their own choice to perform their holy Hajj.
The HC at the same time issued a rule asking the authorities concerned to explain as to why the ministry's decision over carrying of the Hajj pilgrims would not be declared illegal.
Later on August 4, 2013, Chamber judge of the Appellate Division of the SC Justice AHM Shamsuddin Choudhury stayed the HC order and as such upheld the ministry's decision upon a government petition filed for stay on the HC order.
Thereafter, the Appellate Division of the SC, following the petitioners' prayer, fixed a deadline for disposing of the rule in the HC Division.
After hearing both parties, the HC passed the judgment making its earlier rule absolute.
Lawyers concerned told reporters that the government decision is contradictory to the Competition Act passed on June 21, 2012 as it bars an institution to sign any deal, under which some particular individuals or organisations get control of the services or products.
