Petition For Rights  of Sindh

A petition filed by Democratic  Group to the Hon Supreme Court of Pakistan in response to the MQM Constitutional Petition No 46 of 1994, claiming discrimination from the federal and Sindh provincial governments.  
1. The applicant/intervenor begs to state that it is a misconception that Pakistan was made by Urdu speaking people from India. This half truth has been delibrately built up by vested interests, including a majority of Urduist intelligentsia, in order to justifying the unearned and undeserved privileges of material benefit and positions of power obtained in Pakistan generally and Sindh particularly.
2. (i) The Pakistan movement was preceded by a hundred year struggle to restore Muslim glory and ascendancy in India lost to the British in the Battle of Plasey. It was a struggle for Muslim identity in an overwhelming Hindu India, when renaissance of nationalism was spreading all over the world. In this struggle, Muslims from all walks of life and all corners of India took part.
(ii) Political movements like Gandhi's Ahansa (non-violence), Quit India Movement, Khilafat Movement, All India Congress, Non-cooperative Movement, even Khaksar Tahrik played a great part in prying the British hold loose over India.
(iii) In fact the earlier part of the struggle that made independence of India, and coonsequently creation of Pakistan possible, was carried out by Hindu more than Muslim leaders. For example not a single leader or worker of Muslim League was jailed or even slightly injured, while the whole top Hindu leadership was incarcerated for a long time. Those Muslim leaders who suffered privations of goal like Moulanas Muhammad Ali, Shaukat Ali, Abdul Kalam Azad and leaders of Khaksar Tahrik, were not jailed for Pakistan but for Khilafat Movement.
(iv) That in all above named movements aimed at winning freedom of India from British, and later when the Muslim renaissance took the form of a demand for a separate homeland, Muslims from all over India joined hands. Prominent leaders like Sir Agha Khan, Abdullah Haroon, G. M. Syed, Kazi Muhammad Moosa, Sardar Aurangzeb Khan, A. K. Fazal Haq, Hussain Shaheed Suhrawardi, Abdul Rab Nishtar and many others were not Urdu speaking. Above all else despite much falsification of history, Muhammad Ali Jinnah, the unquestioned leader of Pakistan Movement was a Sindhi who was born in Jhirk, a small town of District Thatta about 30 Km away from Hyderabad.
3. (i) In much the same way, the claims of the petitioner that two million Muhajir lives were lost for Pakistan is twisting facts out of shape to serve MQM's propaganda.
(ii) If the Honorable Court may please note the following facts, the monumental absurdity of MQM's claim can be gauged:
(a) During the second world war (1939-1945) in which 26 countries of the world were directly involved and almost all the rest indirectly, being colonies of the imperialist forces then, whole of Germany was bombed to a rubble, 2 full vibrant cities of Japan, Hiroshima and Nagasaki, were turned to ashes by atom bombs, two million Jews were exucuted in concentration camps by the Germans and thousands of soldiers and civilians died on both sides of the divide. (source: Chronicle of the Second World War enclosed as Vol 2.2 in the document)
This war raged on for 6 years and claimed 64 million lives which was about 3.0% of the 2.1 billion population of the world estimated at that time. (source: World Population Trends and Policies 1979 Monitoring Report enclosed as Vol 2.2 in the document)
(b) India at the time of partition, had a total population of approximately 340 million out of which Muslims were approximately 120 million, and Muslim population in the minority provinces was approximately 40 million.
[Estimated population of India in 1949 = 342 million. Estimated population of Pakistan comprising East and West wings in 1949 = 80 million. Muslim population of minority provinces, estimated at half that of Pakistan approximately 40 million](source: The World Almanac and Book of Facts for 1951, page 295 for India and page 296 for Pakistan enclosed as Vol 2.3 in the document)
(c) The MQM wishes everybody to believe that in a conflict that only lasted couple of months, when no machines of method of mass destruction was used, two million people or full 5% of the population was massacred.
(d) In other words using only kirpans and daggers upwards of 10,000 people were being massacred every day for 200 days consecutively so that 2 million lives were lost at the end of 6 months. Compare it with today's Karachi where 60 deaths per day have literally shaken foundations of the state.
(e) More credible is a report cited by Red Cross that 10,000 people died on both sides of the border. Among the half or 5,000 dead from Muslims side most were from district Ferozpur in East Punjab. In fact the number of Urdu speaking refugees who lost their lives during or after partition could be counted on fingers. All the hype of sacrifices by MQM and Mr. Altaf Hussain is plain rabble rousing nonsense.
4. In yet another absurd claim the petioner has quoted a ridiculous figure of MQM and its supporters being 60% of the population of Sindhi or 18 million out of 30 million populatoin of Sindh conceded by the petitioner in its Petition and claiming relief under Article 25 has demanded correct enumeration. Article 25 reads as follows:
``Equality of citizens:
(1) All citizens are equal before law and are entitled to equal protection of law.
(2) There shall be no discrimination on the basis of sex alone.
(3) Nothing in this Article shall prevent the State from making any special provision for the protection of women and children.
5. In the first census conducted in 1951, total population of Sindh was enumerated at 6,048,000, out of which Urdu speaking population was enumerated at 1,167,197 i.e. approximately 19% of the total population. (All figures have been presented in chapter 1 preceding).
6. In 1981 census, the households speaking Urdu as mother tongue were 22.64%. Complete table is given below:
Table 2.1: Breakdown of population according to languages

source: Census 1981
7. This belies the claim of the petitioner of being in majority in the province. However even before the maintainability of MQM Petition to this Honorable Court is argued upon, the leader of MQM, Mr. Altaf Hussain, has escalated the population of Muhajirs from 18 million to 22 million. In his lates diatribes the ``Supreme Leader'' insists that his supporters now numbered 22 millions which is a surprising increase of 4 million souls in 4 months from 60% of the population of Sindh to 73%.
8. Without prejudice to above a question arises as to how, and why, is it that the petitioner and its supporters, by which is meant Urdu speaking people, have become 60% (or 73%) from a figure of 19% in a short period of 40 years except through massive illegal immigration.
9. (i) The applicant/intervenor begs to inform this Honorable Court that at no time during the struggle for creation of pakistan was a plan of mass migration from minority provinces envisaged or even contemplated. Quaid-e-Azam Muhammad Ali Jinnah was very clear on this issue. In his mind and that of other Muslim League leaders, creation of Pakistan would automatically reduce the dominant role of Hindu minorities in Muslim majority provinces which would otherwise, in a combined India, be influenced by a federal government belonging to the permanent majority of Hindus.
(ii) The text of All India Muslim League's Pakistan resolution of 1940 clearly show that minorities' rights were being resolved at the political level without contemplating migration of any kind. The Resolution reads as follows:
``Resolved that it is the considered view of this session of the All India Muslim League that no constitional plan would be workable in this country or acceptable to the Muslims unless it is designed on the following principles, viz., that geographically contiguous units are demarcated into regions which should be so constituted with such territorial readjustments as may be necessary, that the areas in which the Muslims are numerically in a majority as in the North-Western and Eastern zones of India, should be grouped to constitute `Independent States' in which the constituent units shall be autonomous and sovereign.''
``The adequate, effective and mandatory safeguards should be specifically provided in the constitution for minorities in these unts and in the regions for the protection of their religious, cultural, economic, political, administrative and other rights and interests in consultaion with them, and in other parts of India where Mussalmans are in a minority, adequate, effective, and mandatory safeguards shall be specifically provided in the constitution for them and other minorities for the protection of their religious, cultural, economic, political, administrative and other rights and interests in consultation with them.''
(iii) A year later, in 1941, All India Muslim League revised the wording of its political objective, and adopted it at Madras. The text is as follows:
(a) The establishment of completely independent States formed by demarcating geographically contiguous units into regions which shall be so constituted. With such territorial readjustments as may be necessary, that the areas in which the Mussalmans are numerically in a majority as in the North Western and Eastern zones of India, shall be grouped together to constitute Independent States as Mslim Free National Homeland in which the constituent units shall be autonomous and sovereign.
(b) That adequate, effective and mandatory safeguards shall be specifically provided in the constitution for the minorities in the above mentioned units and regions for the protection of their religious, cultural, economic, political and administrative and other rights and interestes in consultation with them.
(c) That in other parts of India where the Mussalmans are in a minority, adequate, effective, and mandatory safeguards shall be specifically provide in the constitution for them and other minorities for the protection of their religious, cultural, economic, political, administrative and other rights and interests in consultation with them.''
(iv) But much clearer in its perception is Quaid-e-Azam's press conference with foreign correspondents at New Delhi one year before Independence. In it he said, ``As soon as Pakistan is achieved, this tension which exists and will [otherwise] continue... that one nation is going to rule the other... will cease. The minorities can live only as minorities and not as a dominant body.''
``At present the position is this: that the minorities in Muslim zones naturally do not want Pakistan, because with the backing and dissension of Hindus all over India, they are encouraged and are dominating Muslim majorities.''
``Once they realized that they have to live as minorities then I think you will have really stable and secure Government in Pakistan and Hindustan. Why should there then be a national quarrel? The position is reduced to much smaller plane, i.e. how best can the minorities be protected and safeguarded in the two states.'' (source: Pakistan a Dream and the Unfolding Reality by Ibrahim Joyo page 9 enclosed as Vol 2.4 in the document)
10. (i) Despite a clear concept of how the problem of minorities was going to be solved, the first incumbent government of the Federation under a feline and furtive plan, and in spite of all that was done by Sindh for the Federation, betrayed Sindh by opening borders of Khokhrapar with a prefidious design of swamping Sindh and turning it into another later day state of Oudh. What we are facing now is the outcome of that treachery.
(ii) Sardar Shaukat Hayat Khan, the last of the prominent Muslim League leaders, has this to say in his Memoirs, ``The nationa that lost its soul'', p. 178
``He (Liaqat Ali Khan) delayed the completion of the Constitution to avoid elections which he could not win because he had no seat in Pakistan and had to be elected by East Pakistan. He, on the advice of officers belonging to the United Provinces, broke the Liaqat-Nehru Pact about the agreed areas for migration from India to Pakistan, requiring the record of property to be exchanged officially. He, quite against the agreement permitted inhabitants of UP and Rajasthan to enter via Khokhrapar - thus opening floodgates endangering the stability of the already overloaded boat of Pakistan. I objected to this in the assembly. This action of Liaqat was quite partial allowing only people from his old Province and the adjoining areas to migrate unfairly into Pakistan in rder to create a seat for himself in Karachi. The people of the rest of the India were left to stew in their own juice. This act of his created a lot of confusion with people getting allotments in Sindh, without records on each other's dubious evidence. This led to the problems of MQM and their hatred by Sindhis. These refugees got a monopoly of jobs in the cities and deprived local Pakistanis of their rightful share. The political instability still persists.''(source: Page 178 from the ``Nation that lost its soul'', enclosed as Vol 2.5 in the document)
(iii) A conversation between Altaf Gauhar, the Information Secretary of Ayub Khan, on 15th March, 1969, with Chaudhry Muhammad Ali, on the subject of the grievances of the Sindhi people is most revealing. Chaudhry Muhammad Ali in conversation, as quoted by Altaf Gauhar, said, ``The Sindhis were extrememly unhappy about the growing presence of ``outsider'' in the towns of Sindh. The Muhajirs had taken over the whole of Karachi, the Punjab officials had acquired large tracts of barrage lands and the Pathans had acquired a monopoly of all transport and construction business. Muhammad Ali thought these worries were all unnecessary because his government in the 1950s had foreseen the problem and had planned the induction of Muhajirs into Karachi and other major towns of Sindh to forestall Sindhi nationalism.'' (see pages 466, 467 of ``Ayub Khan'' by Altaf Gauhar).
(iv) The Chief Minister of Sindh, Mr. Muhammad Ayub Khuhro, at the time Pakistan was created, refused to accept more than 150,000 refugees. The dismissal of his government in 1948 was basically for this reason and that of not surrendering Karachi to federation.
11. (i) After the initial wave of migrants from both the countries, the two premiers Jawahar Lal Nehru and Liaqat Ali Khan met and signed on 8th March, 1950, an accord known as Liaqat-Nehru Pact, to the effect that henceforth people from both countries would be permitted to cross the borders only after issue of visa. All entrants of Pakistan after that date who stayed here without immigration formalities are illegal immigrants.
(ii) As late as mid seventies, the Indian Prime Minister, Mr. Morarji Desai is on record to have confirmed the above position, even formally offering all such Indians Muslims freedom to return to India from Pakistan if they so wished.
12. (i) Muslims from India, Biharis and Bengalis and people from other parts of the world keep entering Pakistan and settling in Sindh, specially Karachi, with the active connivance of Muhajirs in Karachi and the corrupt and overwhelmingly Urdu speaking bureaucracy of immigration department who issue them the necessary National I.D. cards and even Pakistan Passport for couple of thousands of Rupees.
(ii) According to Minister of Interior Government of Pakistan, of the many visitors from India to Pakistan who entered on visa between 1977 to 1987, 187,000 people failed to return and are perhaps now living in Karachi.
(iii) It is reported by a former IG of National Registration office that 7 out of 9 present members of MQM Coordination Committee are illegal immigrants, who have not gone through the legal process of naturalization.(source: IG Registration interview with Sindh daily newspaper Barsat, Karachi of 11.7.1995, enclosed as Vol 2.6 in the document)
(iv) Defective immigration rules regarding Muslims have recently increased the influx from India into Sindh. This Honorable Court is humbly requested to note the following:
(a) Presently the entry and stay of foreign national except Indian Muslims is governed under the Foreigners Act, 1946. The visitors from India are however governed under the Pakistan (Control and Entry) Act, 1952. Contravention of The Foreigners Act, 1946, is punishable with imprisonment of upto five years as well as a fine. But, the maximum punishment for the contravention of the Pakistan (Control and Entry) Act, 1952, is only one year imprisonment and a maximum fine of Rs. 1000.00. To make the rule even more liberal, the offense is made bailable with the re

Part One
1. A legitimate question on every lip in Pakistan is what kind of deprivations and injustice have been meted out to the Muhajir community that they have taken up arms against everybody, killing and burning, looting and destroying. Surely the reasons for such an attitude should be overwhelming.
2. It is respectfully submitted before this Honorable Court that in order to resolve any conflict, especially when the conflict be so critical as in Sindh now, following parameters should be carefully considered:
(i) Claims of the parties in conflict.
(ii) All the facts and figures of the issues.
(iii) Resolution of the conflict according to the principles of natural justice.
3. The applicant/intervenor begs to submit the issues of the conflict as well as the facts hereunder, along with documentary proof. At the same time the applicant/intervenor requests this Honorable Court to note that Mr. Altaf Hussain, the ``supreme leader'' of the petitioner keeps issuing irresponsible statements like Muhajirs being 60% of Sindh population or being 22 million. He also wails about discrimination in admissions or in jobs without presenting cogent proofs or documentary evidence of his grievances. In this age of information revolution why Mr. Altaf Hussain does not state facts and figures indicates that he wishes only to blackmail the government into granting the Muhajir community such privileges that they are already enjoying more than their due share.
4. At the height of MQM and Muhajir anger, when ``operation clean up'' had gathered pace, some concerned citizens of Karachi, mostly Urd speaking, contacted members of impleader organization, the SDG, for a dialogue on Sindhi-Muhajir conflict.
The ensuing debate continued for six months between a number of concerned people from both sides in which complaints of the two communites were enumerated and a final compromise draft was prepared that was signed by more than 50 of the attending members. (Declaration of Peace and Amity in Sindh, enclosed as Vol 3.1 of the document). It was extremely susprising that, the grievances enumerated by the Muhajirs, after raking many intelligent, fertile and prominent brains, totaled only three:
(i) They (Muhajirs) have not been accepted as sons of soil.
(ii) The quota system for serices and in educational institutions is an instrument of discrimination against them.
(iii) There has been no effort to solve the civic problems of the urban areas in Sindh which affects them (the Muhajirs) exclusively.
5. The MQM petition also contains the total past and present grievances for which the petitioner has moved this Honorable Court. Minus those complaints that have arisen out of, and after ``Operation Clean Up'', the residual grievances enumerated below are ethos for which the MQM and its leaders are agitating on the streets for past so many years as their ``National'' (Quomi) rights:
(i) The census figure for all previous exercises are wrong. The Muhajirs are 60% of the population of Sindh and therefore should be accordingly given the due share of power in the administration of Sindh and representation of Muhajirs in National and Sindh Assemblies.
(ii) Quota in educational institutions is discriminatory to Muhajirs, they deserve more, commensurate with their percentage of the educated.
(iii) Quota in government jobs is discriminatory of Muhajirs, they deserve more, commensurate with their ability and qualifications.
(iv) Biharis should be brough to Pakistan (read Sindh) from Bangladesh.
(v) Sindhi Langauge has been made compulsory for Government service.
Part Two
1. The petitioner has prayed for relief under Article 22 of the constitution of Pakistan. Translated, it means that the petitioner is agitating this Honorable Court against quota in admissions to educational institutions. The relevant part of Article 22 reads as under:
Article 22 (3) (B) ``no citizen shall be denied admission to any educational institution receiving aid from public revenues on the ground only of race, religion, caste or place of birth.''
2. By educational institutions the petitioner means only Medical and Engineering University (or college) admissions, since there is no quota in other educational institutions.
3. The fact is, quota is fixed for under privileged people and areas which do not have equal opportunities as the others have. Quota was first demanded, and obtained, by All India Muslim League of India against more educated Hindu majority.
4. (i) Without prejudice to above, the number of Medical colleges in Public Sector in the province of Sindh, and the number of seats or enrollment is as under:
Table 3.1 Distribution of Seats in Medical Schools of Sindh (source: Prospectus and application form of Health Department Sindh, inclosed in document as Vol 3.2)

(ii) In private sector

(iii) These tables clearly indicate that Karachi, which is 27% of the population of Sindh enjoys a lion's share, that is, 46% of admissions in Medical Colleges. If the seats of other urban areas like Hyderabad, Sukkur, Nawabshah and Mirpurkhas are added, the percentage of total medical seats for urban Sindh will have more than 60%
5. The applicant/intervenor requests this Honorable Court to note that for each medical student from admission to award of degree, the government of Sindh spends R. 300,000.00. Most Karachi domiciled students strive to leave the country immediately after obtaining degree and many have settled outside. The Honorable Court is further requested to note that without exception none of the Karachi domiciled doctors is willing to leave Karachi and work in rural Sindh.
6. (i) The total enrollment of Public Sector Engineering Universities in Sindh Province is as under:

Table 3.2 The total enrollment in state owned engineering universities in Sindh
(ii) Thus the number of seats in Engineering Universities for Karachi alone is 44.5% of the total engineering disciplined seats of Sindh. Again if the seats for Hyderabad, Sukkur, Nawabshah and Mirpurkhas cities are added, total urban seats will be more than 60%.
(iii) Dawood College of Engineering and Technology is a federally administered institution that has an enrollment capacity of 399 students in the 1st year. Out of 399, eighty seats are for Karachi, thirty four for Hyderabad and Sukkur cities and sixty six for the rest of Sindh. Remaining 219 are divided among other provinces, foreigners and special seats.
If 114 seats or more are added for urban Sindh (80 Karachi + 34 Hyderabad and Sukkur cities), the total seats for Engineering admissions goes way past 60%.
(iv) Karachi and Hyderabad have a multitude of other technical institutions as follows:
(a) Petroman Computer Institution, Karachi
(b) Petroman Computer Institution, Hyderabad
(c) Swedish Technology Center, Karachi
(d) Pak-Swiss Training Center, Karachi
(e) UNDP Plastic Technology Institute, Karachi
(f) Metallurgical Training Institute, Pakistan Steel, Karachi
(g) Leather Training Center, Hyderabad
(h) And various training institutes run by many large industries and multinational corporations(``MNCs'')
The intake of such institutes runs in thousands per year, all for the benefit of Urban Sindh exclusively. These are besides the thousands of private schools and training centers from typing to computers to music and fashion that can essentially be established in large cities and that greatly increase the facilities available to city dwellers.
7. (i) In the sector of college education, out of a total enrollment of 191,478 Karachi Division's enrollment is 117,735 or a whopping 61%, Hyderabad Division (33,731), Sukkur Division (23,478) and Larkana Division (16,534) together account for the remaining 39%.
(ii) In the Post Graduate student enrollment of 29,701 for whole Sindh, Karachi Division alone accounts for 15,135 students or 51%, whereas rest of Sindh (Hyderabad=10,646, Sukkur=3920, Larkana=0) had the remaining 49%. As may be noted Larkana Division has no post graduate teaching facility.
8. (i) The measures of development of any people is indicated by its human resources, i.e. the extent its labor force is educated and healthy. The information submitted from 2 to 7 of this chapter is indicative of the educational and training facilities available to urban Sindh that prepares the Urban labor force for prevalent job market. Such privileges are hardly available to rural Sindh due to geographic and commercial reasons.
(ii) About the second parameter of health resource development, i.e. health, the following table is submitted to indicate the breakdown of Sindh Government's budget for health department:
Total Health Department Outlay on major hospitals, Teaching and all Hospitals upto Taluka level = 1300 million
For Karachi:
Civil Hospital, Dow Medical College, Sindh Medical College, and other major hospitals, Karachi = 450 million = 35%
Rest of Sindh:
3 Medical Colleges of Sindh, all hospitals including Civil Hospital Hyderabad, Chandka Medical College Hospital, Larkana, People's Medical Hospital and all Taluka and District Hospitals = 850 million = 65%
(iii) Major health establishments like Jinnah Post Graduate Medical Center, National Institute of Cardiovascular Diseases (NICVD) and National Institute of Child Health (NICH) are federally run and have separate budgets running in crores of rupees. These all are located in Karachi city and benifit Karachiites the most.
(iv) Other medical institutes in private and public sector are as follows:
Agha Khan Medical University Hospital Baqai Medical Hospital Lyari General Hospital Urology Institute run by Dr. Adeeb Rizvi Skin and Social Hygiene Center Hamdard Foundation Abbasi Shaheed Hospital Numerous centers and destitute homes run by Edhi Trust
All above institutes besides a plethora of variegates medical facilities, diagnostic centers, advisory centers and hundreds of top of the line specialties are available to the people of Karachi and those of nearby Hyderabad.
(v) In comparison, rural Sindh has Basic Health Units (BHUs) that are in most cases without doctors or paramedical staff. There are no diagnostic facilities worth the name and no specialists. People of rural Sindh have to trek many miles mostly on bullock carts to reach a qualified doctor. Child mortality is high and deaths during childbirth are numerous.
Against such formidable deprivations of Sindhi people the petitioner's claim that its supporters in urban Sindh are discriminated against is a cruel joke and the petition's plea to grant it relief at the cost of ethnic Sindhis, is an attempt to further deprive Sindhi people.

Part Three
1. The petitioner has sought relief from this Honorable Court under Article 27 which reads as follows:
Article 27 (1) ``No citizen otherwise qualified for appointment in the service of Pakistan shall be discriminated against in respect of any such appointment on the ground only of race, religion, caste, sex, residence or place of birth.
In other words the Petitioner's prayer seeks to demand that jobs in Sindh and Federal Government be given to its supporter, meaning Urdu speaking people, without application of the legally sanctioned quota.
2. The quota in jobs is meant to give a chance to the underprivileged sections of society which for various social, cultural and economic reasons, have been left behind and cannot catch-up with their advantaged counterparts.
3. Quota in jobs was first demanded by All India Muslim League against the more educated Hindu majority. Muslim League won the plea from the British who fixed a quota of Muslims in government jobs.
4. In Pakistan, quota in jobs was for the first time fixed for immigrants from India through a government notification.
At one time 60% of all Government jobs were reserved for immigrants, out of which 15% were reserved for those who had not acquired citizenship of Paistan or domicile as yet. (copy of the notification is enclosed as Vol 3.5 in the document)
5. Even in Sindh, the less educated Sindhi Muslims had demanded, and obtained quotas in jobs from the more educated Sindh Hindus. When the number of educated Muslims fell short of the number of jobs available, Muslims from Punjab were offered the same. The proliferation of Punjabis in Sindh Police dates back to those times.
6. (i) There has been much wailing by MQM and its supporters who claim persecution and deprivation because of their inability to get government jobs. Following tables are being submitted for Federal Government jobs and for jobs in federally run autonomous bodies according to domicile.
PROVINCE WISE BREAK-UP OF THE TOTAL NUMBER OF CIVIL SERVANTS IN THE FEDERAL GOVERNMENT AS ON 1993

Source: Establishment Division Survey 1-1-1993
EMPLOYEES OF AUTONOMOUS/SEMI-AUTONOMOUS CORPORATIONS/BODIES UNDER THE ADMINISTRATIVE CONTROL OF THE FEDERAL GOVERNMENT BY PROVINCE/REGION OF DOMICILE
Part-I

Part-II

(ii) Urdu speaking people form 22.64 % of the population of Sindh and 5% of Pakistan. Their share in Federal Government and autonomous jobs should be 7.6%, but they are holding 9.75% (40210 out of 412240) and 21.58% (72919 out of 337875 jobs) respectively. The share of rural Sindhis is only 6.33 % (26087 out of 412240) in Federal Government jobs and 6.56% (22191 out of 337875) jobs in autonomous against their [rightful] share of 11.4%
(iii) Without prejudice to the argument that most of them are illegal immigrants in Pakistan, they are holding far too many jobs, illegaly and unfairly at the cost of Sindh people.
The breakdown of the 19% share of Sindh in Federal services is as under:

7. As far as Sindh Government jobs are concerned on which Mr. Altaf Hussain has blown hot and cold more than once, following table shows the domicile wise jobs allocation:
TOTAL NUMBER OF EMPLOYEES IN GOVERNMENT OF SINDH 496,691

Source: Census Book 1981
TOTAL NUMBER OF NON-GOVERNMENT EMPLOYEES IN SINDH 1,183,116

Source: Census Book 1981
8. MQM leadership and its suporters are only representative of 22.64% population of Sindh and 5% population of pakistan. This ``electoral representation'' of people who hold far more jobs (78% Government and 67.7% non-Government) than their due share (22.64%), most of whom come and go whenever they like from India, most of whom are illegal immigrants, have the temerity to demand, and then to kill and burn when such absurd demands are not met, only because, perhaps, one of their grandfathers waved a Pakistani flag 50 years ago in the streets of Junagadh.
9. The applicant/intervenor respectfully begs this Honorable Court to note that at the time of Partition not all Muslim minority provinces were developed as UP and CP. For example Hyderabad Deccan was as backward as Sindh if not more. Therefore all refugees were not more educated or emancipated than Sindhi people. After coming to Pakistan unchallenged opportunities were made available to them in diverse fields like Banking, Shipping, Airlines, Insurance, etc. At one time State Bank of Pakistan had 90% Urdu speaking employees.
In time Urdu speaking people became experts in various fields, the expense and expertise of which was obtained because of their most favorable location in urban Sindh rather than any previous experience in India.
There are upward of 2 million Pakistanis working in the Gulf States and the West, sizable number of whom are Urdu speaking. Exact data has not been collected yet but most of these people came to Pakistan much after partition and obtained admission to professional colleges and/or necessary experience and expertise in different fields, emigrating thereafter to greener pastures using Pakistan only as a stepping stone.
If Federal and Sindh Government jobs as well as federally and provincially administered autonomous and semi-autonomous are tabulated from the above data, the following picture emerges.
Note: Sindh's total share in the federal jobs is 19%, which is divided on 40% (7.6% of 19%) and 60% (11.4% of 19%) basis for urban and rural areas respectively.

REPRESENTATION OF RURAL AND URBAN AREAS IN THE FEDERAL AND PROVINCIAL SERVICES

Source: Census Book 1981
Part Four
1. The petitioner had invoked Article 15 of the Constitution of Islamic Republic of Pakistan, under which the petitioner has prayed for bringing Biharis from Bangladesh to Pakistan, meaning Sindh.
2. These Biharis are original residents of Bihar province who had opted to settle in the East wing of Pakistan at the time of partition.
3. When East Pakistan broke away to become Bangladesh, the Biharis, who are Urdu speaking, were numbered to be 250,000 and they opted to come to Pakistan.
4. The legal position is that only government servants of the Muslim minority provinces were asked to opt for Pakistan, or to stay in India. Those who chose to migrate to Paistan, eithere settled in east or the west wing of the country. Biharis chose to migrate to East Pakistan. They had domiciles of East Pakistan for twenty four years when they country broke to become two separate states. Most of them are married in East Pakistan; most children were born their; all of them spoke and studied Bengali. In short they assimilated admirably in the Muslim homeland they chose to live in the first place.
5. Nationality and domicile are two separate issues that must be handled carefully while determining the legal status of Biharis. Nationality is the ``legal relationship involving allegiance on the part of an individual and usually protection of the part of the state.'' Domicile means ``a person's fixed, permanent and principal place of living.''
6. Any individual living in the East wing of Pakistan had his/her allegiance to the State of Pakitan. But the protection to the individual's right was exercised by the State o Pakistan through its agents in the East wing. Thus for all practical purposes, the government of East Pakistan, acting as agent of the Government of Pakistan was providing the protection to the individual.
7. (i) The creation of Pakistan as a state is a unique phenomenon and the breaking up of Pakistan into two separate states has made the case even more complex.
(ii) During the birth of Pakistan, Muslims of majority provinces became indigenous nationals of the new country, whereas Muslims from minority provinces became nationals after they opted for Pakistan giving up the nationality of India. In Pakistan, however, which had two wings and five Muslim majority provinces, each individual opted to stay in any of the two wings or any of the five provinces of Pakistan according to his her social and economic preference. All Muslims of Bihar opted to migrate to the East wing of the new Muslim state, Pakistan.
8. The total logic of Biharis claim to want to come to Pakistan now from Bangladhes is the ``nationality'' of Pakistan, or the name written in their passport. There was no other physical contact.
9. Assuming for a minute, Bangladesh, having been in the forefront of Pakistan movement and being the majority province having 56% population of Pakistan, insisted on naming their country Pakistan and the west Pakistan was then constrained to semantically renaming itself Punjabistan or whatever, would then all Bihajirs stay in (East) Pakistan? And would also Urdu speakers from here then have made a bee line to migrate to the (Haqiqi) Pakistan? The answer is of course NO?
10. The fact of the matter is that West Pakistan or Pakistan, promises a better life for Biharis. Hence their desire to migrate here. Having been affiliated with the ignominious Al-Shams and Al-Badar has only added an urgency to their desire for migration.
11. Opinion on Biharis by Justice Abdul Hayee Qureshi is enclosed. His findings, albeit for different reasons, are that Biharis are not Pakistani nationals. (Report by Justice Abdul Hayee Qureshi, enclosed as Vol 3.7 of document).
12. Historically Sindhi people have always welcomed people from outside. In 1901 and 1935 substantial migration took place from Punjab and was welcomed. In 1946 when Hindu-Muslim riots erupted in District Bihar, Mr. Hussain Shahid Suharwardi requested G. M. Syed, then President Sindh Muslim League, to help setle the unfortunate Bihari Muslims in Sindh. The request was acceded to and Karachi's Bihar colony is a testament to the generosity of Sindhi minds.
13. 50 years down the road, after immense betrayals and colossal treachery and double-cross, when Sindhi people are being murdered in their own homeland for jobs and admissions by those very people for whom they opened their homes and hearts, it will be an act of miracle if any Sindhi agrees to accept even one outsider.
14. Without prejudice to above, a valid question begs the answer. When MQM leadership and its supporters are agitating in the streets and in this Honorable Court for more seats in the professional colleges and for more jobs in Government service, why are they demanding 250,000 more people should come to Pakistan and settle in Sindh?
Part Five
1. The remaining two grievances from the consolidated list of complaints of the petitioner and Muhajir Intellectuals are:
(i) Sindhi language has been made compulsory for government jobs.
(ii) There has been no effort to solve the civic problems of urban areas, which affect Muhajirs exclusively.
2. The complaint that Sindhi language has been made compulsory for government servants is bizarre to say the least. A government servant by reason of his profession, is liable to be transfered anywhere in Sindh. The people of far flung areas, mostly uneducated, in many cases do not speak or understand Urdu. To find out their problems and to do justice to them, the government servant will need to know their language. Even British, the imperialists from 7 seas away, thought it wise and included it as a prerequisite to a stint of serve in Sindh.
3. (i) As far as the problem of civic amenities of urban Sindh is concerned, although Urdu speaking intellectuals correctly enumerated it as a massive irritant, the petitioner, MQM had understandably not listed it as one of the grievances.
(ii) The reason is that the municipal corporations of both Karachi and Hyderabad were under the stronghold of the petitioner for six long years between 1987 and 1992. With the KMC budge of Rs 4 billions per year and HMC budged of Rs 190 milion per year, the amount MQM received in the six years is a whopping Rs. 25 Billion.
(iii) While the petitioner had most of the power and all the money for six long years, Hyderabad fell in ruins and Karachi went to dogs. Not a single worthwhile project was initiated or executed in both the major cities. The present ad-hoc administra

Chapter Four
6 (i) The second and equally cruel blow to Sindh and Sindhis was dolling out lands, belonging in most cases to Sindhi Muslims, and urban property, to the refugees, in utter disregard to justice, fair play and to the vital interest of the host nation.
(ii) Immediately before partition in June 1947, Sindh Assembly passed the Land Alienation Bill under which money lender Hindus, who had Muslim lands in mortgaged possession, were disallowed to sell the lands which were to be redeemed within a period of 60 years. Such a bill had already become law in Punjab allowing Muslims to resume ownership of their lands. The bill awaited Sindh Governor's assent to become law when India was partitioned.
(iii) The federal government most callously allowed the bill to lapse and tood over the entire 4 million acres, or 42% of lands of Sindh, most of which was legally owned by Sindh Muslims and was only mortgaged to money lenders, for doling out to refugees.
(iv) To rub salt in the wounds a proviso was made in the Sindh Refugees (Registration of land claims) act (Sindh act II of 1950) under which all lands sold by Hindus after 1st March 1947, four and half months before the date of partition, were declared null and void and property declared evacuee. (The notification of Sindh Refugee Act II of 1950 is enclosed in document as Vol 4.8)
(v) In the Sindh Refugees act 1950 no document was needed as evidence of property in India and neither was any filed. This act was made applicable to all refugees from East Punjab, Delhi, Patiala, Alwar, Bharatpur, and Bikanair but not UP, CP and Hyderabad Deccan.
(vi) But in 1958, the loot and plunder of lands and urban property in Sindh had gathered so many parasites from India in the garb of refugees, that a Displaced Persons (land settlement) act was passed to accomodate those UPian and Deccani claims who had migrated to Pakistan after their lands in India were seized by the Government under land reforms.
(vii) Once Ayub Khan had complained that if all claims were to be honored, the total land of West pakistan will not be enough. He issued M.L.R 89 in the year 1961 to re-verify all claims and surrender extra land obtained fraudulently but had to hastily retract from the same through M.L.R. 91 when he realized the quantum of greed and lies, so high up in the immigrant bureaucracy.
(viii) The most obnoxious proviso in settlement laws was that the settlement commissioner, or the custodian, could declare any property ``Intended evacuee,'' even though the Hindu owner was still present and living in Pakistan. Many Hindus suffered grievously through application of this proviso. (The definition of ``intended evacuee'' as per The Pakistan Act 1956, enclosed in the document as Vol. 4.9)
7 (i) In the case of urban property much the same confiscatory and anti-Sindhi policies were adopted. In 1958, Displace Persons (Compensation and Rehabilitation) Act 28 of 1958, was passed to compensate those people who came to Pakistan not because of any love for the country but were displaced due to communal disturbances in India. Again no verification was demanded. The claimant had to file an affidavit and bring two personal witnesses.
(ii) Although 64% of urban population of Sindh was Hindu almost 90% property belonged to them. In Hyderabad a town of 80,000 only one Akhund Mohalla had houses owned by Muslims. The 36% of Muslims mostly resided in rented houses.
(iii) The Displaced Persons Act had a provision mortally harmful to any future development of Sindhi nation. It was that locals were not eligible for the ownership transfer of evacuee houses and commercial property the value of which was more than Rs. 10,000.
(iv) This proviso effectively cut off whole Sindhi people from entering commercial or mercantile sphere of economic activity because the immigrant custodian never fixed the price of a commercial property at less than Rs. 10,000. Sindhis have still not overcome these cruel and discriminatory setbacks.
(v) Big mansions, hotels, cinema houses and Industrial Units were transferred to refugees by auction, the payment of which was made only through compensation books liberally issued against doubtful and even bogus claims. No local could even participate much less obtain, any such commercial property in the farcial auctions.
8 (i) The subjugation of Sindh as planned by Liaqat Ali Khan and immigrant bureaucracy aided by malicious intent by the Punjabi mimilary-bureaucracy elite was complete with commissioning of Kotri Barrage.
(ii) Ghulam Muhammad Barrage or Kotri Barrage was constructed in 1955 and has upward of 2.8 million acres of cultivable land in its command area. Sindh was taxed more than other provinces to general the 890 million rupees cost estimated for the construction of the barrage.
(iii) Of the 2.8 million acres command area, 1.1 million acres was private land whereas 1.7 million acres were government lands made cultivable due to the availability of water. Barring 20% i.e. 0.34 million acres that were left for distribution to local haris, all the remaining approximately 1.4 million acres were distributed for a pittance to civil and military bureaucrats.
9 The Sindh news media raised as much voice as its feeble reach could command but to no avail. Followin is the translation of an editorial by Moulana Khan Muhammad Nizamani in Daily Mehran on May 26, 1951.
``There is a great sense of foreboding in the minds of Sindhis that will continue to increase in case the rumor (that the barrage lands are to be doled out) gains strength.''
``After that no federal or Sindh Government should expect cooperation and friendship from the people of Sindh. Because this is a matter of bread for which we are prepared to fight with everyone...''
``The haris of Sindh have the first right over Kotri Barrage lands. Most of them do not have any land to plough, because many used to till lands belonging to Hindus. Half those lands have been alloted to Muhajirs. We will request all political and social organizations of Sindh to raise their voice in favor of getting the agricultural land for local people. We also request them to mobilize public opinion, because until and unless collective voice is raised for our rights and a joint effort is undertaken nothing will be achieved.''
10 Such editorials and many other forms of protest were used by Sindhis in order to obtain relief and justice from concerned quarters. No one came to their rescue especially the Urdu press and intelligentsia. They were quite happy to see the stark injustice being done to those people, who had offered them homes and a place in heart.
11 There are innumerable examples of the highhanded treatment meted out to Sindhis. Agriculture Development Bank, which was created to advance agriculture loans for barrage lands, was established in far away Lahore, while the barrages in question were in Sindh. Displaced people from Tarbela Dam inundation areas were given alternate lands in Guddu Barrage gommand. One Unit government in Lahore made sure that even the chowkidars of offices came from up north. Sindhis were left prostrate and friendless, their material resources being usurped like spoils of war.

Part Three
1 Socially and culturally Sindh has sustained incalculable loss due to mass exodus of Hindus and the influx of immigrants from India.
2 The Sindhi Hindus, who formed 20% of Sindh population were a part of Sindhi nation and nationality. They spoke the same language, worked towards the progress of Sindh, passionately loved the soil of Sindh, were disciples and followers of Muslim saints and sufis like Bhitai, Sachal and Qalandar. The diversity of religion only made the Sindhi culture that much more variegated and beautiful.
3 Sindhi Hindus were a far superior and disciplined people boasting of outstanding writers, educationalists, playwrights, philanthropists, social workers and city planners.
4 Spread all over Sindh, schools, hospitals even drinking trouts for animals, bearing Hindu names are a testiment to the humane side of much maligned Hindus. The cities of Hyderabad, Sukkur and Karachi were a joy to be in for their immaculate planning, beauty and cleanliness. Sindh had never heard of adulteration of foodstuff or medicines.
5 Language is the sole, basic factor in the formation and enrichment of a culture. Thus ascendancy of Muhajirs, and subsequently of Urdu, in post partition Sindh coupled with a delibrate neglect of Sindhi language had greatly impoverished Sindhi culture and emaciated its language.
6 The treatment meted out to the langauge of whose who welcomed their Muhajir brothers is succinctly narrated by Mr. Muhammad Ibrahim Joyo, a leading scholar of Sindh, in his paper entitled ``Society Under Dictatorship'' read in a seminar organized by Goethe Institute, Karachi in 1991. He spoke of the tragedy that follows:
``Two years after Karachi's separation (1948), Sindh University was shifted from Karachi, along with its name to Hyderabad to serve the camel cart and donkey cart culture of the natives of Sindh as Liaqat Ali Khan had chosen to characterize it earlier, during exchange of friendly pleasantries, I should believe, over the question of Karachi. And for men more equal than others in Karachi, an especial University, the Karachi University, was established with elite Urduist Vice Chancellor of the Sindh University transferred from there to take the University. With the passage of further five years, Sindhi, the language of `lesser' people of Pakistan, was eliminated as a language of examination from the University of Karachi, retaining for the purpose there only Urdu, Bengali, and English. Among a number of others, Hyder Bux Jatoi, President, Sindh Hari Committee, in his protest pamphlet in 1957 entitled, ``Shall Sindhi Language Stay in Karachi or Not?'', said, ... 'He (Mr. A. B. A. Haleem) continued as the Vice Chancellor of the Sindh University upto 1952 and left that office to join as the Vice Chancellor of the Karachi University. How Mr. Haleem treated Sindhis and their language is a long, sorry story... briefly stated, he showed his gratitude to Sindhis by doing everything possible in 8 years after Karachi's separation, suppres Sindhi by close Sindhi Schools, by reducing the posts of Sindhi teachers, by not providing Sindhi text books to the pupils, by appointing non-Sindhi teachers little conversant with Sindh or assess Sindhi papers etc., etc. This order of the Karachi University amounts to a call to the Sindhi students: ``Leave Karachi, Go to the interior if you want to retain Sindhi, Karachi is none of yours''! Out of the total population of about 15 lacs, about 5 lacs are the original inhabitants, whose mother language is Sindhi and they want to continue Sindhi and its script in schools and colleges (in Karachi), as is done in the rest of Sindh.. Our Bengali brother insists on all that Bengal and Bengali are entitled to, and he has got them substantially. He concedes to the next big brother, the Punjabi, the luxury (even) of One Unit. All this is nationalism (on their part) and is permissible and praiseworthy. But if the younger brother, Sindhi, demands the same rights, that is ``Provincialism'' and is reprehensible and punishable.'' (Society Under Dictatorship, by Joyo, M. Ibrahim, 1991 enclosed as Vol 4.10 in the document).
7 By an administrative measure of the Government of Sindh, towards social integration, Sindhi children from class three in schools in Sindh had to study Urdu as compulsory language and Urdu speaking children had similarly to study Sindhi, along with their respective mother tongues. The system worked very well till the General Officer Commanding (GOC), Hyderabad, an ill informed Brigadier of Ayubian Martial Law, later the Butcher of Bengal, passed an oral order through which this arrangement was undone and only Urdu remained compulsory subject in Sindhi medium schools.
8 Under the same Martial Law, a National Education Commission was set up in 1968 for re-structuring education system in Pakistan. The recommendation of the commission fell heavy on the mother tongue of Sindhi people. The commission's report in para 13 on pages 283 and 284, pontificated as follows: p ``The experience of other countries shows that where there are many languages, the best results could not be obtained. Where the education in mother tongue will be given upto 5th standard... but after class 5 national language would be adopted as the medium of teaching and the mother tongue will stop forthwith. We strongly recommend the above formula.''
9 Not only Urdu speaking people did not raise voice against these steps and criminally kept silent at the senseless emaciation of a language and a culture, but when finally a democratically elected legislative assembly of Sindh took the long ignored and just step by passing a bill reintroducing Sindhi as official language of Sindh, they went on a rampage of their now familiar killing and burning. Twelve people, all Sindhis, lost their lives, (A list of 12 Sindhis killed in 1972 enclosed as Vol 4.11 of document), innumerable vehicles and property including the Institute of Sindhology, containing cultural archives and rare manuscripts, were burnt.
10 Again the Urdu press and intelligentsia resorted to their now familiar method of first provocation and then justification. Rais Amrohvi's ``Urdu Ka Janaza Hay Barri Dhoom say nikely'' on the first page of daily Jang and black borders around the first page of most Urdu newspapers were delibrately designed to flare up emotions of Mohajirs. In the statement columns and articles subsequent to disturbances and murder of Sindhis, almost all opinion makers blamed the government criminally suppressing the Sindhi point of view that it was their land and their province where the Sindhi Language Bill was being introduced.
11 At present we form 70% of the province's population but the Pakistan Television Karachi station, gives on averate 20-25 minutes per day to Sindhi programs. The rest of the time, running into several hours, is given to Urdu and English. Same is the case with Radio Pakistan. Out of 15 hours of broadcasting time per day of Karachi station, hardly any time is given to Sindhi programs.
This maleficent treatment meted out to Sindhi language, education and culture, as a matter of course, and a willful apathy and arrogance towards Sindhis is not without economic reasons. The advertising revenue of both the TV and Radio runs in billions, that benefit thousands of Urdu families through jobs and remunerations.