' AYESHA A. MALIK, J. --- Through this single order, I intend to dispose of instant petition as well as W.P. Nos. 16646, 17530, 16306 and 17081 of 2015. In these petitions, the Petitioners have sought a direction requiring the Respondents to specify and provide a guideline for facilities to Shia Hajjis as per their Fiqh. They have also challenged the question in the Hajj form which asks "are you Shia" and request that a direction be issued to the Respondents to rephrase question which seems offensive and discriminatory.
2. The case of the Petitioner is that being follower of the Shia Fiqh (Fiqh Jafria) they are entitled to certain facilities as per their Fiqh which are not clearly stipulated in the Hajj policy and are never properly provided. It is also their case that since Shia ladies are allowed by their Fiqh to proceed on Hajj without a Mehram, therefore, the Respondents should facilitate them instead of creating hurdles for them. Learned counsel for the Petitioners argued that there is a fixed quota of Hajjis and within that quota there is a quota for Shia Hajjis. However, that quota for Shia Hajjis is much less and should be increased so that it become proportionate to the total number of persons proceeded on Hajj. Learned counsel further argued that the present Hajj form possess the question whether the Applicant is Shia or not? States that this is an offensive and discriminatory question as it requires Shia Hajjis to identify themselves by their sect whereas no other sect is questioned in this manner. She further argued that so far as the issue of Mehram is concerned, since the applications are filed on line, it does not cater to the entitlement of Shia ladies, who can proceed on Hajj without a Mehram. Prays that these adjustments be made in the on-line .Application forms, quota be increased for Shia Hajjis and the question "are you Shia" be changed in the Hajj form.
3. Report and parawise comments have been filed by the Respondents. Learned DAG states that he has made a telephonic call to Farid Islam Khathat, Deputy Secretary (HP) Ministry of Religious Affairs, Islamabad ("MORA") and he is instructed that the Government of Pakistan has no objection to change the question "are you Shia" in a more acceptable form. He further stated that the Shia Hajjis will be facilitated as per the requirements of their Fiqh subject to the Hajj policy issued by the Government of Saudi Arabia. He further stated that so far as the issue of Mehram is concerned, the Respondents will try to facilitate all Shia Hajjis in the on-line applications. He further argued that all requirements of Shia Fiqh for performing Hajj will be provided subject to the Hajj policy issued by the Government of Saudi Arabia.
4. I Have heard learned counsel for the parties. SO' far as the question in the Hajj form is concerned, it is agreed -that Respondents will change Ore question "are you Shia" with do you require Shia facilities Shia Pilgrims only Learned-DAG has clarified that the Respondents will try and adjust this phrase to the test of their ability in the new Hajj form, however, there may be some minor changes on account of the-fact that it is an on-line application form and there may be technical restrictions to fit such a long question. So far as the requirement of Mehram for Shia ladies is concerned, learned DAG stated that the Respondents will facilitate on this issue as well as per the Hajj policy issued by the Government of Saudi Arabia. He confirmed that the Respondents agree that guidelines will be issued, which will list the special arrangements for Shia Hajjis. These guidelines will be made available with the Hail form. So far as the question of quota is concerned, it was agreed that the Petitioners will take up this matter with the Government of Pakistan, who may then decide the matter as per the prevailing quota and, policy.
5. In the light of aforesaid, these petitions are disposed of accordingly.