1. ' In both these petitions, the petitioners have prayed that the cancellation of registration and license of the petitioners which was working as, Hajj Group Organization (HGO) by the respondents is illegal. Learned counsel submits that there was an allegation against the petitioners that they have facilitated some Hajjis of Afghan origin to perform Hajj on. Pakistani document and in this respect an F.I.R. Was registered under' sections 3(2)(a)(b), 5, 13 and 14 Foreigners Act, 1946 read with sections 420/468/471/109, P.P.C. At Police Station F.I.A. Passport Cell, Karachi but the petitioners have been acquitted by the trial Court under section 265-K, Cr.P.C., therefore, there is no pending case against them but notwithstanding the facts the petitioners have not been considered on the ground of pendency of case. He further submits that in the absence of any proof against the petitioners for involvement in the allegations in the F.I.R. The petitioners to be considered for allocation of quota as HGO.
2. ' Mr. Imran Ahmed D.A.G., has pointed out his comments and stated that there is committee heading by Mr. Justice (Retd.) Karamat Nazir Bhandari and three Senators which Committee has decided as follows:-- ' "Sixteen (16) HGOs of last year are facing investigation on criminal charges by FIA. The committee decided to exclude them from Hajj 2007. If cleared by FIA/Court, these may be considered for further Hajj subject to policy to be framed by the Government."
3. ' He further submits that although the petitioners have not been acquitted after the appreciation of the evidence by the trial Court but on technical ground but anyhow acquittal is acquittal. He submits that pros and cons of the petitioners' case will be considered by the Ministry including their acquittal in the criminal case as well as above quoted decision of the committee and allotment of quota will rest on the final decision of the Committee. This statement of DAG satisfies the petitioners' counsel.
4. ' In the circumstances, both the petitions are disposed of with the directions that the Committee to consider the petitioners allotment of Hajj quota keeping in view their acquittal as well as the proof of allegations, available against them.