Petitioner Lacks Locus Standi as He is Not a Registered Pilgrim, Court Rules
In a significant judgment, the Karnataka High Court dismissed a writ petition filed by Younus Khan, challenging a circular demanding additional payment from Haj pilgrims. The petitioner, represented by Advocate Sri. Suhail Dil Nawaz, sought to stay the operation of Circular No. Haj-2026/39 dated 28.04.2026, which required registered Haj pilgrims to pay an additional amount of Rs.10,000 due to increased airfare caused by rising fuel prices amidst ongoing geopolitical tensions.
Presiding over the case, Justice S Vishwajith Shetty ruled that the petitioner, Younus Khan, lacked the locus standi to challenge the circular as he was not a registered pilgrim and had not deposited any amount for the pilgrimage. The court noted that the circular applied exclusively to those registered with the Haj Committee of India for the year 2026, who had already paid the required deposit.
The petitioner argued that the demand for additional payment was unjustified, given that the air tickets were booked prior to the increase in fuel prices. However, the court found that since Khan had neither registered nor paid any amount towards the pilgrimage, he could not claim any grievance against the circular.
In his oral order, Justice Shetty emphasized that the writ petition was not maintainable, as it challenged a directive that did not apply to the petitioner. The court's decision reinforces the principle that only those directly affected by a policy have the standing to contest it.
This judgment highlights the importance of legal standing in filing petitions, ensuring that courts are approached by individuals directly impacted by the issues at hand.
Bottom line:-
A person who has not registered as a pilgrim for traveling to Haj and has not deposited any amount for the pilgrimage has no locus standi to challenge a circular demanding additional payment from registered pilgrims.
Statutory provision(s): Article 226 of the Constitution of India, 1950
Younus Khan v. Union of India, (Karnataka) : Law Finder Doc id # 2899725