that citizenship issue of the petitioners is to be resolved by the Government by enacting legislation or otherwise. -4Positive case of answering respondent is that the Urdu-speaking people living in camps are not Bangladeshis citizens and therefore are not entitled to be included in the voter list. Any such inclusion is illegal and liable to be struck down for having been done, presumably, by suppressing the vital fact of their nationality. Any instruction for not enrolling Non-Bangladeshi persons in the voter list is lawful. It is further stated that voter list is prepared in accordance with provisions laid down Electoral Roll Ordinance, 2007. Anybody whose name does not appear in the list can move by way of an appeal the appropriate authority unless does not disqualify to be a voter on legal ground. Officers responsible for preparing voter list have to act in accordance with law and they cannot act upon request of the petitioners. With regard to the judgment and order of Writ Petition No. 3831 of 2001, it is also claimed that the solicitor office was instructed to Appellate Division. Mr. Azim Khair Manna, learned Deputy Attorney General submitted that writ petition on behalf of Urdu-speaking people who are living in 116 camps over the country is not maintainable since they filed the writ petition without exhausting the procedure for being voter in accordance with law. He also submitted that the petition being enemy aliens or their progeny are not entitled to be Bangladeshi citizens under section 4 (b) of the Bangladesh Citizenship Act, 1951 and article 2B (1) (1) of PO No. 149 of 1972 in view of their loyalty to Pakistan. Before we proceed to consider the respective cases of the parties before us, we must first mention that who when asked the solicitor office to move the Appellate Division against the aforesaid judgment and order dated 05-05-03 of this Division are missing in the affidavit sworn on behalf of respondent No.3, Secretary of the Ministry of Home Affairs. The affidavit is also silent on the request vide letter dated 14-06-07 sent by the Chief Election Commissioner to the Chief Adviser for resolution of the issue of enrolment of the Urdu-speaking people living in different camps of Bangladesh, and if the letter did not attract any attention of the Government is also missing. In the letter dated 14-06-07 written by the Chief Election Commissioner to the Chief Adviser his elucidated the condition, status and standing of Urdu-speaking people. Neither the letter nor its contents was denied specifically in said affidavit of respondent No. 3. We can therefore rely upon the letter in order to understand the issue facing us. In the letter, it is stated that immediate after the independence of Bangladesh, two streams of Urdu-speaking people were to be found in Bangladesh. One group known as the “Stranded Pakistanis” had sworn their allegiance to Pakistan and wanted to go back to that country at any cost. The others, accepted the emerging

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