Election Officer referring the instructions of the Election Commission instructed the
Supervisors; Data/ Information Collectors, Identifier and other concerned officers not
-3to enroll the names of the Urdu-speaking camp dwellers in the on-going registration
of voter list. Registration of voters commenced in Dhaka on 20-11-07 But Data
collectors did not collect the names of the Urdu-speaking people who are living in
different camps of the country and register them as voters in spite of their repeated
requests.
Mr. Md. Rafiqul Islam Miah, learned senior advocate for the petitioners
took us through the writ petition and submitted that under the Citizenship Act, 1951
and Bangladesh Citizenship (Temporary Provision) Order, 1972 the petitioners and
other Urdu-speaking people who are citizens and were already recognized by the
government to be citizens of the country and are accordingly entitled to be enrolled
in the electoral rolls; and the Election Commission also felt the need of registering
such Urdu-speaking people as voters and accordingly, on 14-06-07 wrote to Chief
Adviser ; but no decision has yet been communicated to the Election Commission
by the Government and consequently , the Urdu-speaking people are illegally
excluded from the process for registration of voters.
He narrated to us the deprivation and sufferings of the people for long for
want of recognition as citizens and submitted that if they continue to be left out from
registration as voters and giving National Identity Card their suffering would further
increase.
He also cited an unreported decision of this Division dated 5 May 2002 in
the case of Mohammad Abid Khan and others v. Bangladesh and others of writ
petition No. 3831 of 2001 and Mukhtar Ahmed v. Bangladesh: (1982) 34 DLR 29. He
informed that after the Rule was made absolute eleven petitioners of said Writ
Petition No. 3831 of 2001 were enrolled as voters. Urdu-speaking people who are
living outside the camps were already registered as voters and National Identity
Card but those who are living in aforesaid 116 camps, known as Geneva Camps in
different parts of Bangladesh are not being registered as voters.
The Election Commission has not appeared. An affidavit –in-opposition on
behalf of respondent No.3, the secretary of Ministry of Home Affairs was filed. In the
affidavit, it is stated that according to law the Urdu-speaking people living in Geneva
camps are not living temporarily. These camps were set up by the International
Committee of Red Cross (ICRC) for these people as halfway homes to Pakistan.
Historical background does not automatically make citizens of Bangladesh. The
petitioners and/or their forefathers were not born in the territory now called
Bangladesh. Citizenship in Bangladesh is determined and regulated by law (Article 6
of the Constitution of Bangladesh)
With regard to Annexure-A dated 30-09-76, it is stated that veracity of the
letter could not be ascertained as the files are not supposed to be retain till now. But
having regard to existing laws relating to citizenship in Bangladesh, the letter does
not seem to be genuine and answering respondents cannot agree with the contents
of the letter. With regard to letter dated 26.06.07 Annexure – B. it is however stated