IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an application for mandates in the nature of Writs of Mandamus, Certiorari and Prohibition under and in terms of Article 140 of the Constitution of the Democratic Socialist Republic of Sri Lanka.

Case No: CA/WRIT/173/2024

1. United Travels & Holidays (Pvt)

Ltd.

No. Level 14, East Tower, Echelon Square, World Trade Centre, Colombo 01. PETITIONER Vs.

1. Zainaul Abdeen Muhammadh Faizal Director, Department of Muslim Religious and Cultural Affairs, No.180, T.B. Jayah Mawatha, Colombo 10.

2. Ibrahim Ansar Chairman, Hajj Committee, Department of Muslim Religious and Cultural Affairs, No.180, T.B. Jayah Mawatha, Colombo 10.

3. Ifaz Nabuhan Member, Hajj Committee, Department of Muslim Religious and Cultural Affairs, No.180, T.B. Jayah Mawatha, Colombo 10.

4. Nibraz Nazeer Member, Hajj Committee, Department of Muslim Religious and Cultural Affairs, No.180, T.B. Jayah Mawatha, Colombo 10.

5. H.M. Milfer Cafoor Member, Hajj Committee, Department of Muslim Religious and Cultural Affairs, No.180, T.B. Jayah Mawatha, Colombo 10.

6. Ahkam Uwais Member, Hajj Committee, Department of Muslim Religious and Cultural Affairs, No.180, T.B. Jayah Mawatha, Colombo 10. 7. Secretary Independent Panel of Inquiry Hajj Complaints 2023 Department of Muslim Religious and Cultural Affairs, No.180, T.B. Jayah Mawatha, Colombo 10.

8. Hon. Vidura Wickramanayaka Minister of Buddhasasana, Religious and Cultural Affairs, 8^th Floor, Sethsiripaya, Battaramulla.

RESPONDENTS Before: Hon. D.N. Samarakoon, J.

Counsel: Mr. Hafeel Farisz, instructed by Mr. Sanjeewa Kaluarachchi for the Petitioner.

Mr. Hejaaz Hisbullah and Mr. Shifan Maharoof with Mr. M.I.F. Suraiya, instructed by Vidanapathirana Associates for the 2^nd to 5^th Respondents.

Ms. Mihiri De Alwis S.S.C., for the 1st and 8th Respondents.

Supported on: 27.03.2024 Written Submissions: 25.03 .2024 by the Petitioner.

28.03.2024 by the 02^nd to 5^th Respondents.

28.03.2024 by the Respondents represented by the state.

Decided on: 09.04.2024 D.N. Samarakoon, J The 02 to 05 respondents are the members of the committee known as the “Hajj Committee”. They say in their written submissions dated 28.03.2024 that, “1. The Petitioner has preferred this application against the decision of the Independent Panel of Inquiry suspending his Haj registration for two years i.e.

2024 and 2025.

2. Your Lordship would be pleased to see that the subject matter of this application is the registration of Hajj tour operators. Hajj tour operators play a pivotal if not the most critical role in facilitating the Hajj pilgrimage. Whilst the pilgrimage is conducted under an agreement between the Government of Sri Lanka and the Kingdom of Saudi Arabia, the ground-level operations are handled finally by the tour operators, who are responsible for the pilgrims and providing for them all facilities including food, accommodation, travel and medicine.

3. Given the importance of this journey and the need to ensure that the rights of all parties are protected, the Supreme Court in the absence of statutory intervention has promulgated the Guidelines to Regulate Hajj/Umra Pilgrimages from Sri Lanka effective from 01.01. 2013 which regulations have been applied strictly and has attained a ’statutory flavour’.

4. Under the said regulations, a five-member committee is appointed by the Minister, which is identified as the “Hajj Committee”. The 2^nd to 5^th Respondents are the members appointed by the Minister for the year 2024. The Director of the Department of Muslim Religious and Cultural Affairs (MRCA) is ex officio a member of the Hajj Committee (1^st respondent). Although the 6^th respondent is named as a member of the Hajj Committee he has ceased to hold office.

5. Your Lordship would be pleased to see that in order to control the crowd and to keep it with its own resource capacity, the Saudi government gives, each country a pilgrim quota. This quota for Sri Lanka for the 2024 pilgrimage is 3500