SC takes up petition on repatriation
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ISLAMABAD: The government sought on Wednesday time for submitting reply to the contentions raised in a 2009 petition seeking repatriation of about 237,000 Pakistanis stranded in Bangladesh.
Attorney General Salman Aslam Butt asked for time during the hearing of the case by a three-judge Supreme Court bench headed by Chief Justice Nasir-ul-Mulk.
The petition was moved by Advocate Rashid-ul-Haq Qazi on behalf of the Stranded Pakistanis General Repatriation Committee and the Organisation for Repatriation of Stranded Pakistanis in Bangladesh.
The court had on May 13 last accepted the petition for regular hearing after Mr Qazi said these stranded people were citizens of Pakistan either by birth or by descent.
The petitioner pleaded that after the dismemberment of Pakistan and emergence of a new state of Bangladesh, the two governments had committed to repatriating the stranded people to their countries and, therefore, the stranded Pakistani families were liable to be repatriated to their homeland.
The Pakistan government had no right under the constitution and the law to withhold the repatriation of its citizens, commonly known as Biharis, the petition said, adding that the government was bound under an April 19, 1974 tripartite agreement between India, Pakistan and Bangladesh to normalise relations in the subcontinent which also included the repatriation of stranded people as early as possible.
The agreement was partially implemented when 325 stranded Pakistanis were brought back on Jan 10, 1993 and rehabilitated in Punjab’s Mian Chunnu and Muzaffargarh cities by the then Nawaz Sharif government.
The petition argued that leaving the rest of Pakistanis in Bangladesh would amount to gross discrimination and violation of Article 25 of the Constitution which called for equality of citizens. The government was also depriving them of their constitutional fundamental rights, it emphasised.
The petition also requested the court to order the government to look after the stranded Pakistanis living in camps and provide food and medicines till the time they were repatriated to Pakistan.
It contended that the government was legally bound to complete housing programmes to accommodate the repatriated citizens and in case of non-compliance it would be grossly breaching the fundamental rights guaranteed under Articles 4, 9, 19, 23 and 25 of the constitution.
Published in Dawn January 22nd , 2015
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Comments (32) Closed
Jan 22, 2015 07:31am
Where did the number of Stranded Pakistanis in Bangladesh being 237,000 come from?
Wikipedia article on Stranded Pakistanis says it is 919,600.
Is the plight of these humans ever going to be fully addressed by Pakistani establishment?
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Jan 22, 2015 07:33am
We talk about Kashmir and Palestine and we have sympathies with Muslims all over the world. What about these Biharis? They are Pakistanis and should have been brought to Pakistan a long time ago. Also, if Pakistan's government does not help them, they should look into a British law that if you are in an ex-British colony and you lose your citizenship involuntarily, you could be eligible for British Citizenship.
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Jan 22, 2015 07:33am
Why facts are being twisted. Those biharis were living bangladesh n had shown thir loyalty to it but just cuz of them being urdu speaking bangldesh government not only subjected them to maltreatment and refused 2 acknowledge as citizens. And if bangladesh has somuch issue then it should also take back bengalis livining in karachi. Why had khalisa zia in 1993 returned two planes full of bengalis that benazir was trying to repatriate to bangladesh.
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Jan 22, 2015 07:40am
Mr. Prime Minister...please immediately set up fund to expedite repatriation of stranded Pakistanis...you may ask overseas Pakistanis to donate as well...they have not forgotten us and neither should we forget them...bring them home at the earliest...you have the credit of their partial repatriation and now have a chance of taking credit for their full repatriation as well as rehabilitation...
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Jan 22, 2015 07:47am
Pakistani government needs to repatriate these stranded people who spoke, fought and suffered for Pakistan! This needs to happen sooner than later.
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Jan 22, 2015 08:08am
They are true pakistani .pakistan govt must bring them back home.
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Jan 22, 2015 08:16am
Our priority is Kashmir first. After that Palestine. Then Burma, Then Balkans, Then Bangladesh, Then ......Finally if we have time, we will look after our own people and problems like petrol, power, water, peshawar, Karachiites safety, our children's education. These are all trivial stuff.
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Jan 22, 2015 08:18am
these poor pakistanis must be brought back with respect---they have been suffering and have given enough sacrifices for being pakistani---Allah bless them to come back as soon as possible--amen
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Jan 22, 2015 08:26am
When Pakistan can host 2 million afghan refugees for the past 35 years, why can't they take back these people?
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Jan 22, 2015 08:28am
If we (Pakistan) can provide shelter to millions of Afghans for over three decades then we should be able to bring these home.
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Jan 22, 2015 08:30am
The people who fought for country and helped army during 1971 war has been left stranded in Bangladesh while in the name of Islam we accepted 3 millions Afghans who created havoc in Pakistan
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Jan 22, 2015 08:37am
Absolutely! The govt must repatriate the stranded Pakistanis who not only suffered badly during and after the events leading to dismemberment of Pakistan but have continued to live under sub-human conditions ever since.
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Jan 22, 2015 08:41am
That is the interest government has towards her own citizens..
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Jan 22, 2015 09:01am
@Tayyab Qader I agree.
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Jan 22, 2015 09:07am
Kashmiri Muslims - look pakistan does not care for its own citizens !!
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Jan 22, 2015 09:18am
Become Bangladeshi citizens, you'd be better off.
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Jan 22, 2015 09:37am
Government and society of Pakistan should treat them as humans and citizens with equal rights. The issue is unnecessarily sullying their image and reputation.
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Jan 22, 2015 09:56am
If Pakistan had the magnanimity to let millions of Afghan Refugees to make it their home for decades together ( some still continuing to stay for good); we must make room for those Pakistanis, who never accepted East Pakistan becoming Bangladesh, and wish to be citizens of Pakistan. Such people have been offered a rough deal both by Pakistan as well as Bangladesh, where the continue to reside in ghettos and are treated as Pakistani 5th columnists.
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Jan 22, 2015 12:43pm
Bangladesh is extremely over populated and any minority people are going to be at the back of the line. The Bangladeshi military shows minorities little mercy. How will they be repatriated if they won't have jobs in Pakistan?
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Jan 22, 2015 12:47pm
@vijai
Very good observation.
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Jan 22, 2015 04:44pm
@Ahmed USA: I think there was already a Trust established in 1988 by late president Ziaul Haque with help of Saudi Arabia to finance the repatriation and rehabilitation of stranded Pakistanis.
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Jan 22, 2015 04:47pm
@HS in same theory you are going to suggest Kashmiris to become Indian? then what is the purpose of Islamic republic of Pakistan.?
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Jan 22, 2015 04:50pm
Please do not leave behind those pakistanis. There should be no discrimination against those pakistanis who fought for united Pakistan. Bring them back in batches group of 20,000 at a time and settle them in Baluchistan and Thar area. Provide some land for cultivation with water facilities. New population, self supporting towns will take place. If Pakistan can take in three million afghan refugees for 25 years, why cant it take its own citizens, who are hated & persucated in Bangladesh because they were against the break up of Pakistan. Is thats how Pakistan treats its citizens?
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Jan 22, 2015 06:56pm
I agree with Nasir khan and strongly support stranded Pakistanis of all over the world and I urge to get them back to their homeland for what they have suffered a lot. But unfortunately this big issue has been ignored by our so called ignocent (ignorant and so called innocent) politicians.
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Jan 22, 2015 08:37pm
It is an important development, and we hope and pray that a right decision will be taken to repatriate those Pakistanis who are living a miserable life in Bangladeshi camps only because they did not leave their Pakistani nationality and refused to merge in Bangladesh as their citizens.
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Jan 22, 2015 09:42pm
@Cyrus Ho : I am surprised about the comments by " Become Bangladeshi citizens, you'd be better off " means that patriotism does not have value for you. Those are people who sacrificed every thing in 1947 to come to eastern wing of Islamic republic of Pakistan and tried to defend country's solidarity and integrity by their best effort in 1971 war but after loosing the war they are under continued persecution, cruelty and humiliation by Bengalis because for them they opposed Bangladesh. I don't think any other group sacrificed more than them for Pakistan and they have more right on Pakistan than people like HS or Cryus Ho. It is the basic duty of any state to take care of their citizens and this is the case of sacrifices and bravery for their act to side with Pak army in 1971 war. They must be repatriated and settled in Pakistan and I think there are housing units built by late Ghulam Haider Wayen ex-chief minister of Punjab.
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Jan 22, 2015 10:15pm
In all respect they are true citizens of Pakistan! To deny them is to deny the Constitution and the State. It is the matter of the State to claim its own citizens. This is not a personal / political issue.
Must be repatriated! We are already baering the " hospitality of 3 millions foreigners! Stranded Pakistanis in Bangladesh are patriotic in all respect!
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Jan 23, 2015 01:00am
@Cyrus Ho did we provide jobs to 4 million Afghanis or to 1.5 million Bangladeshis that we need to secure jobs for stranded Pakistanis before their repatriation while they were non-Pakistanis and these quarter million are our own citizens.
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Jan 23, 2015 01:08am
@Tayyab Qader Excellet statement. Pakistani patriotism must be rewarded. Those left behind in former east pakistan are solid pakistani citizens. They have every right to be settled in pakistan. Those who neglect or fail to bring back those Pakistanis must look in mirror & ask if their brother or sister was left in Bangladesh, what they will do? It is responsibility of all pakistanis to do their best to help bring those stranded pakistani citizens in Pakistan. All political leaders who claim to be patriotic must speak up in favour of those pakistani citizens stranded in Bangladesh. Hopefully some of the leaders are brave enough to set a fund raising program where whole nation of 180,000,000 strong pakistanis can chip in, donate to raise funds for bringing & settling fellow pakistanis in need. Pakistanis are brave people & it would show their patriotism to bring back those pakistanis to pakistanis, whether they speak urdu, bengali, sindhi, punjabi, baluchi or pushto, they are pakistani citizen first. Lets see how leaders of political parties help their stranded fellow pakistanis.
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Jan 23, 2015 07:57am
They should integrate with the people of Bangladesh and live like brothers .We people of Karachi have enough of it.
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Jan 24, 2015 01:14pm
Nations do not leave their citizens helpless anywhere. It is only in Pakistan, that we see such a behaviour with its patriotic citizens who left their properties, sacrificed the lives of their dearests for the cause of this country, and even after converting the land the were living on, into another country they are still holding the flag of their beloved homeland since last more than forty years. But how ignorant is our ruling class with their sufferings.
We, as a nation, must give them the necessary documents to travel and arrange for their
speedy return to the country they love, Pakistan.
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Jan 25, 2015 04:21am
@Key Points Most of these folks (Stranded Pakistanis in Bangladesh) do Industrial and transportation work as well as casual labor and some artisan work. almost NONE of them are farmers, i am pretty certain. not much farmland near where they are housed in Dhaka. Farming in Baluchistan and the Thar? i suggest you rethink. there is water scarcity in both those areas for the already existing practicing farmer population.
no offense sir.
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