The petition was filed by Advocate Rashid-ul-Haq Qazi as a representative of the Stranded Pakistanis General Repatriation Committee and the Organization for Repatriation of Stranded Pakistanis in Bangladesh.
A three-judge bench headed by Justice Nasir-ul-Mulk issued a notice to Attorney General Salman Aslam Butt to respond to the issues raised in the petition.
When the case was taken up on May 14, Advocate Qazi, informed the court that approximately 160,000 stranded
Pakistanis were repatriated to Pakistan in accordance with the Tripartite Delhi
Agreement, signed between India, Pakistan and Bangladesh but later on, Pakistan
has failed to fulfill 25 percent of the terms of agreement and the repatriation
of stranded Pakistanis was stopped unilaterally by the Zulfiqar Ali Bhutto
regime in 1974.
He argued that the stranded Pakistanis in Bangladesh had declined to accept the nationality of India or Bangladesh due to their patriotic allegiance to Pakistan.
Who are stranded Pakistanis?
Stranded Pakistanis, also known as Biharis, stood for a united Pakistan and refused to integrate into the new country. Hence, Bengalis, the original residents of Bangladesh, were not ready to forgive them because of their opposition to the creation of the new state.
According to Refugees
International Organization, Bangladesh is home to some 200,000 Urdu speaking
minorities who during the country's civil war with Pakistan took the side of
Pakistan, losing their homes, jobs and positions in society and were forced
eventually to take up residence in more than 100 overcrowded and now
dilapidated urban camp settlements. Many of the Urdu speaking minority hoped to
be permitted to move to Pakistan, but only a small percentage were admitted;
some continue to cling to the hope that Pakistan will relent and admit them to
reunite with their families in Pakistan.
For almost 43 years, the camp residents remain stateless, non citizens of Bangladesh or Pakistan. They were denied access to government services, including education, formal employment, property ownership, and driver's licenses.
In 2008, a Bangladesh Supreme Court decision recognized their nationality rights. A large percentage of the adults were registered to vote in the 2009 election. Despite being registered as voters and recognized as citizens, many Urdu speakers still were unable to obtain government jobs, access credit, get passports or obtain compensation for their property confiscated during the war.
Ironically neither the United Nations nor the International Red Cross and Crescent Society recognize them as refugees. They have been denied refugee status because they are not considered displaced people. The Office of the United Nations High Commissioner for Refugees (UNHCR) has not addressed the plight of the Biharis.
Subhuman living conditions
The camps where these stranded people are staying for almost four decades are the classic examples of subhuman living that has hardly any difference with animal life. Dingy and stinky atmosphere, merger of both water and sewerage lines, lack of latrines and clean water are constant threats to health.
Malnutrition of children in absence of proper food and medicine threatens their usual physical growth on one hand and absence of education turns them into dark generation on the other. Illiteracy rate is 94%.
Each family has been given one room -- 6 feet by 6 feet. But who wants to know that these families have grown in size over the years. Sometimes, 10 people live in one room, spanning three generations.