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

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