By Aslam Chandio, Islamabad :: The Pakistan’s Supreme Court on Tuesday issued a notice to Attorney General pertaining to the case of repatriation of around 300,000 stranded Pakistanis (mostly Beharis) from Bangladesh.
A three-member bench of the apex court headed by Justice Nasirul Mulk and comprising Justice Amir Hani Muslim and Justice Ijaz Ahmad Chaudhry took up a five-year-old plea regarding the repatriation of Pakistanis from Bangladesh.
The petition was filed by the Stranded Pakistanis General Repatriation Committee (SPGRC) of Bangladesh through its president Abdul Jabbar Khan, on the repatriation of Pakistanis living in various camps set up across Bangladesh.
During the hearing, Rashidul Haq Qazi, the counsel for Abdul Jabbar, cited the Simla Agreement and the New Delhi tripartite Agreement before the Supreme Court bench and stated that around 300,000 Pakistanis (mostly Beharis) in Bangladesh are citizens of Pakistan having constitutional right to be repatriated without wasting further time.
Qazi requested the apex court to direct the government to implement the Tripartite Agreement among Pakistan, India and Bangladesh, which was signed on April 9, 1974, in New Delhi.
He told the apex court that some 325 Beharis were repatriated to Pakistan in 1993 and Federation of Pakistan has no right under the constitution and law to withhold repatriation of stranded Pakistani citizens to their homeland.
“Stranded Pakistani citizens in Bangladesh live in concentration camps that need to be looked after by the Pakistan as far as their medical and food programs are concerned until their repatriation to Pakistan. The Pakistan’s government is legally bound to complete the housing programs approved earlier for accommodation of repatriated Pakistani citizens, stranded in Bangladesh. Non-compliance of the repatriation of remaining Pakistani citizens stranded in Bangladesh is gross violation of Article 2-A, Article 4, Article 9, Article 15, Article 19, Article 23 and Article 25 of the constitution of Pakistan,” states the petition.
The petitioner has made Federation of Pakistan, the Prime Minister of Pakistan, Pakistan’s Ministry of Foreign Affairs, Pakistan’s Ministry of Interior, Ministry of Rehabilitation of Pakistanis, Human Rights Commission of Pakistan (HRCP) and the Rabita Trust respondents in the case.
Talking to this scribe outside Supreme Court, Qazi said that the petition was moved in 2009 under Article 184(3) of the Constitution but was returned by then Supreme Court’s Registrar, saying that the petitioner should approach the proper forum instead.
“Later, the attorney had challenged the Registrar’s objection, but the then Chief Justice Iftikhar Muhammad Chaudhry did not fix the matter. However in April, 2014, incumbent Chief Jusitce of Pakistan, Justice Tassaduq Hussain Jillani heard the appeal in the chamber against the Registrar’s objection, after which he rejected the objection and decided to fix the case for regular hearing,” he stated.
Talking about the stranded Pakistanis in Bangladesh, Qazi stated, “Stranded Pakistanis are unhappy with their lives in camps. Conditions in camps are wretched. Almost all camps virtually lack basic necessities of life. They are Pakistanis, hoist Pakistan’s flag and recite its national anthem in the camps. The role of UNHCR is quite lamentable and inappreciable towards stranded Pakistanis as it never recognizes them as refugees. I have also provided CDs in the court that show the state of lives of stranded Pakistanis in Bangladesh.”
The problem being faced by the stranded Pakistanis in the concentration camps in Bangladesh that need immediate attention of the concerned authorities include restoration of 30-bed Rabita hospital established in 1980 at Mohammadpur in Dhaka and Rabita Vocational Training Centre; construction of gutted camps of KTC and school camp at Mirpur-12 Dhaka; resumption of classes at Tamir-e-Millat School in Rangpur and Osmania Primary School at Mirpur-10 in Dhaka; and provision of funds for Sahrun Nessa Girls School and a mini hospital at Rangpur;
The Supreme Court issued notice to Attorney General of Pakistan and adjourned hearing of the case for indefinite period.
A report published in 2006 estimated that between 240,000 and 300,000 Beharis still live in various crowded camps in Dhaka and other regions across Bangladesh. On May 19, 2008, the Dhaka High Court granted second-generation Beharis, who were born in the camps, the right to Bangladesh citizenship.
Aslam Chandio is an Islamabad based journalist. He tweets at @aslamchandio_