above laws, this Division made the Rule absolute declaring the Notification issued
without any lawful authority and was of no legal effect on the view inter alia that,
“ Be that as it may. there is nothing on record to show that the petitioner
who is a citizen of Bangladesh has incurred any disqualification to be
penalized by deprivation of his citizenship. We are, therefore, of the
opinion that after emergence of Bangladesh the petitioner became a
citizen of Bangladesh by the operation of law and continues to be a citizen
of this country.”
-8Those who are termed and still call them to be “Stranded Pakistanis” by
owing affirming and acknowledging, expressly or by conduct allegiance to a foreign
state, say, Pakistan, they may belong to a class and cease to be citizens of
Bangladesh. Those who have renounced their citizenship and / or waiting to leave
for Pakistan may be left to their fate. The Election Commission is under no obligation
to enlist them as voters.
Question of citizenship of Urdu-speaking has got another aspect, which is
very important from the constitutional perspective. Miseries and sufferings of such
people due to statelessness were time to time reported in the national media,
electronic and print. Besides, the reasons mentioned in the letter of the Election
Commission, they are constantly denied the constitutional rights to job, education,
accommodation, health and a decent life like other citizens of the country. By
keeping the question of citizenship unresolved on wrong assumption over the
decades, this nation has not gained anything rather was deprived of the contribution
they could have made in the nation building. The sooner the Urdu-speaking people
are brought to the mainstream of the nation is the better.
Now, with regard to the issue of maintainability of the writ petition without
exhausting statutory provisions of enrollment, it would be sufficient to say when the
question of citizenship of Urdu-speaking people is left unattended for decades on the
constitutional ground that could not be got resolved by individual application. The
Chief Election Commissioner having found difficulties in the enrollment of such
people wrote to the Chief Advisor for policy direction and till date the Chief Advisor
could not find time to give any policy guidance. This question of citizenship could
never be decided in statutory forum/. it is well settled that constitutional question can
only be decided in properly constituted writ petition under Article 102 of the
Constitution.
Mr. Rafiqul Islam Miah also prayed for direction upon the Election
Commission for registration of the Urdu-speaking people en block. The petitioners
do not appear to represent all such people. Secondly, in the absence of any law, no
citizen can be forced to register as a voter and the Election Commission also can not
register every citizen against his / her will. Till now, option lies under the law with a
citizen to enroll as a voter.