Now, the issue that arose on the aforesaid facts and deserves consideration is
whether or not Urdu-speaking living in different camps set up by ICRC of
Bangladesh are citizens of Bangladesh.
In the letter of the Election Commission, condition of the Urdu-speaking people in
Bangladesh particularly 160,000 who are living in 116 camps set up by the ICRC in
-6different parts of the country became so clear, which does not need any further
material. The Election Commission has also tried to highlight the urgency for
resolution of the citizenship on the ground of introduction of the National Identity
Card there could not be further wastes if they are given any ID card.
Living aside the ‘ stranded Pakistanis ‘ who had sworn their allegiance to
Pakistan, many of them born after 1971 and few of them are minor in that year.
Under the citizenship Act, 1951 one may be a citizen of Bangladesh by birth, by
descendant and / or by migration or by registration and also incorporation of territory.
Article 6 of the Constitution provides that the Citizenship of Bangladesh
shall be determined and regulated by law. The citizens of Bangladesh shall be
known as Bangladeshi. There are two laws dealing with the citizenship of
Bangladesh, namely, the Citizenship Act, 1951 and Bangladesh Citizenship
(Temporary Provision) Order, 1972 (President’s Order No. 149 of 1972) hereinafter
referred to as PO No. 149 of 1972.
A resident of Bangladesh may become citizen of the country in various
ways under the Citizenship Act, 1951 hereinafter referred to as the Act. All the
commencement of the Act on 13-04-51 and thereafter under section 3, 4 and 5 every
person who or any of his parents or grandparents was born in the territory now
included in Bangladesh shall be a citizen of Bangladesh by birth and descent subject
however to certain exceptions by operation of law. Under section 6, 8, 9 and 10 of
the Act , certain person may acquire the citizenship of Bangladesh by migration,
residing abroad, naturalization
and marriage for which
certificate and / or
registration of specified authority shall be necessary.
PO 149, 1972 came into force on 26-03-71 provides under article 2 that:
“ Notwithstanding anything contained in any of the law, on the
commencement of this Order, every persons shall be deemed to a citizen of
Bangladesh. –
(i)
(ii)
who or whose father or grand-father was born in the territories now comprised
in Bangladesh and who was a permanent resident of such territories on the
25 day of March, 1971 and continues to be so resident or ;
who was a permanent resident of the territories now comprised
in
Bangladesh on the 25 day of March, 1971 and continues to be so resident
and is not otherwise disqualified for being a citizen by or under any law for the
time being in force;