IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
PRESENT: 
MR. JUSTICE MUSHIR ALAM 
MR. JUSTICE DOST MUHAMMAD KHAN  
MR. JUSTICE MAQBOOL BAQAR  
 
Criminal Petition No.1099 OF 2016 
(On 
appeal 
from 
the 
judgment 
dated 
17.10.2016 passed by the Peshawar High Court, 
Peshawar in Crl.Misc. No.2381-P of 2016) 
 
Haji Shahid Hussain and others 
 
 
… Petitioners 
 
 
VERSUS 
The State and another  
 
 
 
… Respondents 
 
For the petitioners: 
Mr. Ghulam Mohayuddin Malik, Sr. ASC 
 
For the State: 
 
Mr. Zahid Yousaf Qureshi, ASC 
 
 
 
 
Zahir Shah, SI 
 
Date of hearing:  
22.2.2017 
 
JUDGMENT  
 
  
Dost Muhammad Khan, J.— The petitioners are seeking 
leave to appeal against the order of the learned Single Judge of the 
Peshawar High Court dated 17.10.2016. 
 
We have heard Mr.Ghulam Mohayuddin Malik, Sr. ASC for the 
petitioners and Mr. Zahid Yousaf Qureshi, ASC for the State.  
2. 
  
Petitioners alongwith other co-accused were booked for 
crimes u/Ss.419, 420, 468 PPC vide FIR No.333 dated 29.8.2016. 
3. 
  
Precisely, the allegations against the petitioners and their 
co-accused are, that with mutual collaboration, they were running a 
fake travel agency by trade name, “M. Mustafa Manpower Travel 
Agency” office of which was located in Japan Chowk, Shakoor 
Bazaar, within the jurisdiction of PS Mandni, District Charsadda. 
Crl.P.1099/16 
2
They deceitfully induced a large number of people, desirous to perform 
Hajj of the last season and in this way collected huge sum of money in 
millions fraudulently however, the complainant and few others 
reported the crime to the police. After defrauding the people, all the 
partners of the said agency including one Qari Ameer Ahmed Shah 
disappeared with the collected money. Neither those, from whom the 
money was collected, were sent to KSA for Hajj nor they were 
returned the money. After registration of the case, local police’s 
investigations revealed that even the said agency was not registered 
with the Tourism Department of Government of KPK. All the receipts 
about the collected money from the public, were purportedly executed 
under the signatures of Qari Ameer Ahmed Shah on the letterheads 
of the said agency, however, all these were containing the phone 
numbers of all the petitioners, which they never denied.  
4. 
  
We have gone through the materials on record/evidence 
collected so far, and are of the considered view that, at the moment 
the petitioners are well connected with the crime because no malice or 
mala fide was attributed to the complainant and other victims, as to 
why they were falsely implicated in this case, thus this petition 
deserves out right dismissal and order accordingly. 
5. 
  
This nature of frauds have become so common that, every 
year, before the Hajj Season commences, innocent and rustic peoples 
are looted by various so called agencies including the unauthorized 
tour operators, of which judicial notice is required to be taken to curb 
the increasing menace of frauds practiced in religious and pious 
Crl.P.1099/16 
3
matters, therefore, Courts are required to treat these cases differently 
and such frauds must be brought to halt. 
Accordingly, by tentative assessment, we are of the view that 
the petitioners are not entitled to the concession of grant of bail, in the 
peculiar circumstances, therefore, this petition is dismissed and 
leave to appeal is refused.  
6. 
  
During the course of hearing, the investigating officer and 
the law officer for the State, were asked, whether offences under the 
Human Trafficking Law are not constituted including those under 
Immigration Law and whether it was not a fit case, to be 
investigated into by the FIA? They both stated at the bar that such a 
request has been conveyed to the D.G. NAB, KPK through proper-
channel but so far no action has been taken in this regard. A 
photocopy of the letter bearing No.1/GB dated Charsadda the 
17/02/2017, written by DPO Charsadda and sent to the Deputy 
Inspector General of Police, Mardan Region I, Mardan has been placed 
before us, which reads as under:- 
 
 
“Memo: 
 
Enclosed kindly find herewith a detailed report 
submitted by SP Investigation Charsadda regarding the 
transfer of investigation of the said case to NAB Khyber 
Pakhtunkhwa Peshawar, for further necessary action. 
Please.” 
 
It is surprising, rather shocking that till date the NAB Regional Office, 
KPK has taken no action by laying hands on the further investigation of 
the case. 
7. 
  
During the course of hearing we have straightaway 
observed that for the last many years, similar rather more serious 
Crl.P.1099/16 
4
frauds have been committed in this fashion by a well organized Mafia. 
The notorious case of “Double Shah” is the example, may be cited 
with bold letters. Unauthorized Hajj and Umrah Tour Operators 
have swindled millions of money of the poor public in the past. All the 
watch dogs to prevent such corruption, corrupt practices and fraud 
remained in deep slumber till the time the crimes were fully 
consummated and then, on the complaint of the aggrieved 
community/people they started investigation. Prevention of such 
crimes is the constitutional and statutory obligation of the NAB, FIA, 
Anti-Corruption Establishment, the Police and all the relevant 
Ministries/Authorities/Statutory bodies within the Provinces and the 
Federal 
Government 
but 
they 
have 
been 
found 
consistently 
inconsistent in performing such obligatory duties well in time and 
allowed the fraudsters to commit such crimes with impunity, who 
operate openly in the big cities and public places but all such 
authorities, referred to above have turned deaf ears and added salt to 
the hurts and agony of the poorest amongst poor, albeit they are paid 
handsome emoluments, perks and privileges from the tax payers’ 
money. This phenomenon of laxity and negligence on their part would 
not and should not be tolerated anymore. 
8. 
  
We have also straightaway noticed that the Ministry of 
Religious Affairs and Inter Faith Harmony is also not performing 
its statutory obligations. We are, therefore, constrained to direct it to 
create awareness in the public, particularly of the far flung areas, 
through wide range publicity, both through electronic and print media, 
at the District, Tehsil and Union Council level indicating the approved & 
authorized Hajj and Tour Operators, listed on the approved list of the 
Crl.P.1099/16 
5
Ministry with a fixed quota, also indicating that how much money/fee 
they can collect from each individual, to be sent for performing “Hajj” 
or “Umrah” and what facilities they are required to provide at the 
holly places in KSA during the period of performing rituals including 
travel and transport facilities of a particular category. This negligence 
on the part of the Ministry provides golden opportunities to the Mafia 
involved in the detestable business of running fake Tour and Hajj 
Operator Agencies, without little fear of grip of law, while defrauding 
the people. Thus, it has become imperative to issue directions within 
the powers vested in the Court under Articles 184 (3) and 187 of the 
Constitution to the relevant authorities within the Federation and the 
Provinces to do what is required by the law and the Constitution to do. 
9. 
  
Under Article 5(2) of the Constitution it is the obligatory 
duty of the authority including every citizen, to be obedient to the 
Constitution and the law of the land. This obligation has been made 
inviolable and this Court in many cases, particularly in the case of 
Nazar Hussain v. The State (2002 P Cr. L J 440) and the Full 
Court Bench’s decision, rendered in the case of  Muhammad Nawaz 
Sharif v. President of Pakistan (PLD 1993 SC 473) has exercised 
such powers though, it was not directly a point in issue in those 
petitions. Another living example is the case of Dr. Mubashir Hassan 
v. the Federation of Pakistan (PLD 2010 SC 265), whereby, the 
clean chit given to corrupt elements under the law, famous for its 
notoriety called, “NRO” was struck down to bring to naught the 
provision of the said law, so that corruption and corrupt practices are 
plugged forever.  
Crl.P.1099/16 
6
Accordingly, we will direct the Ministry of Religious Affairs 
and Inter Faith Harmony, Government of Pakistan to update its 
website in English, Urdu and all local languages, conveniently readable 
and understandable by the illiterate poor people, showing all the 
details about the duly approved Hajj & Umrah Tour Operators, 
warning the public at large that except those mentioned on the 
website, no other agency or Tour & Hajj Operator is authorized to 
make booking or collect money for sending people to perform Hajj or 
Umrah. At the same time, the said Ministry shall give wide publicity to 
such lists through electronic and print media and also through 
handbills/notifications in different languages, which shall be sent to the 
DCOs/Deputy Commissioners and DPOs of each and every District of 
each Province and ICT. Similarly, such handbills/pamphlets/booklets 
duly authenticated with the stamp and the signatures of the competent 
authority of the said Ministry shall be sent to the Nazims and Naib 
Nazims of each District in the Provinces and ICT; Tehsil Nazims, 
Naib Nazims as well as the Nazims and Naib Nazims of the Union 
Councils; the  Regional Offices of the NAB, FIA, Anti Corruption 
Establishment 
of 
the 
Provinces 
and 
the 
Federation 
and the 
Information Ministries, of the Federal Government and all the 
Provinces, to give repeatedly wide publicity to the same through print 
media and electronic media for early information of the public at large, 
so that they are not defrauded in future in such manner as has been 
continuously 
done 
in 
the 
past. 
After 
receiving 
such 
lists/booklets/handbills by the local authorities and Anti-corruption 
watchdog, it shall be their responsibility to keep watchful eye on the 
Hajj & Umrah Tour Operators and other similar agencies so that no 
Crl.P.1099/16 
7
unauthorized person/agency is able to operate and practice fraud upon 
innocent citizens in future. In case of any negligence or default on the 
part of such agencies, they would be liable for prosecution under the 
relevant provision of law, besides departmental action has to be taken 
against them, whenever in future such case comes to the notice of the 
Court. 
Copies of this judgment be sent to: 
(I) 
The Ministry of Religious Affairs & Inter Faith 
Harmony, Government of Pakistan, Islamabad. 
(II) 
Ministry 
of 
Information 
and 
Broadcasting, 
Government of Pakistan, Islamabad. 
(III) 
All the Chief Secretaries of the Provinces and the 
Chief Commissioner, ICT and to  
(IV) 
All the Agencies/authorities, referred to above by the 
office and all of them shall acknowledge receipt of 
the copy of the judgment to the Additional Registrar 
(Judicial) of this Court, which shall be placed before 
us in Chambers for our perusal and be made part of 
the present case file.  
Similarly, the duly authorized/approved Hajj & Umrah Tour 
Operators of the Ministry of Religious Affairs, Government of Pakistan 
shall display on their offices, the authority letter/license number, date 
of issue, the quota allotted and the amount chargeable by them, 
permitted by the Ministry of Religious Affairs, Government of Pakistan 
and they shall be further made liable to execute a guaranty/indemnity 
bond that they will publish a booklet/handbill, to be handed over to 
each applicant, desirous to perform Hajj and Umrah, which shall 
Crl.P.1099/16 
8
contain all details of expenses, chargeable and all the facilities , to be 
provided to them during transit from Pakistan to KSA and within KSA 
while performing Hajj or Umrah including transport, lodging 
boarding, provision of food and other facilities required of them. The 
services of NADRA and PTA be availed to provide multiple Universal 
Access Number(s) (UAN), cell phone & landlines facilities and public be 
informed to get verification and authentic information from the 
Ministry of Hajj about every “Hajj” and “Umrah” private operators 
including the amount of money chargeable. 
Needful be done positively within two months and this campaign 
should be vigorously carried out at least three months before Hajj 
Season of the next year commences. Any fault or default/negligence 
on the part of the Ministry of Religious Affairs and Inter Faith, 
Government of Pakistan and those, to whom such information is 
conveyed by it, shall be deemed to have violated the law and the 
Constitution and besides departmental action to be initiated, they 
would be liable to be prosecuted under the law, whenever such case is 
reported to the Court. 
  
Judge  
 
 
Judge  
 
Judge  
Islamabad, the  
22nd February, 2017 
Nisar /-  
 
 
 
Approved For Reporting. 
