| Citation(s) |
|---|
| 1990 SLG 3133 1990 SLD 3133 = 1990 PLD 439 |
Constitution Petition No. 228-D and Civil Miscellaneous No.583 of 1990, decided on 19th May, 1990.
S. Sajjad Ali Shah, CJ. and Haziqul Khairi, J
Syed SALEEMUL HAQ and another---Petitioners
VERSUS
PAKISTAN through Secretary, Ministry of Interior, Islamabad and 2 others---Respondents
Law:
Section:
S. SAJJAD ALI SHAH, CJ.--Petitioner No.l Syed Saleemul Haq, M.N.A. from Karachi and Petitioner No.2 Ameenuddin, M.P.A. from Hyderabad are Vice-Chairman and member of Muhajir Oaumi Movement
(hereinafter to be referred as M.Q:M.) respectively. It is submitted on behalf of the petitioners that MOM is in the mainstream of country's body politic having secured 27 seats in the Provincial Assembly of Sindh and 14 seats in the National Assembly of Pakistan. After election, there was accord between Pakistan People Party (to be referred hereinafter as PPP) and MOM on the basis of mutually agreed document, which gave assurance to MOM that their problems would be solved and demands of their supporters would be accepted. Due to dual policies of P.P.P. and their intolerable and inhuman persecution, accord floundered and regrettably stood shattered as per announcement of MOM made on 23-10-1989. In the aftermath untold atrocities were brought to bear upon supporters, workers and members of MOM resulting into burning, looting, arson and migration of Muhajirs and non Sindhis from areas where PPP has influence. Law and order situation in Sindh was reduced to a farce and writ of Government became totally ineffective. With intermittent intervals, urban areas of Sindh particularly Karachi, Hyderabad and Sukkur were main targets of killings, kidnappings and economic destruction. Curfew was imposed in cities time and again. In order to highlight the gross irregularities, and maladministration of PPP regime, Combined Opposition Parties ( COP ) started mobilizing public opinion by holding public meetings. One such mammoth public meeting was held in Karachi near Mazar-e Quaid-e-Azam on 26-1-1990 which was arranged and organised mainly by MOM. It was addressed by leading political figures including Mr.Ghulam Mustafa Jatoi, Nawabzada Nasrullah Khan, MrAbdul Wali Khan, Begum Abida Hussain, Moulana Fazlur Rehman, M.NAs., Mr. Nawaz Shared and Mr. Altaf Hussain. This meeting was great success and in consequence reign of terror was let loose by P.P.P. Government. Kidnapping of workers and supporters of MOM became order of the day and there were frequent incidents of firing and lawlessness in which Student Organisations were used. P.P.P. Provincial Government failed completely in discharging its Consituational duties so much so that it is replaced by another Chief Minister and new Cabinet. Even the change has failed to arrest the deteriorating situation. It is further submitted on behalf of the Petitioners that these facts were brought to the notice of President of Pakistan repeatedly and at his apex level a national all parties conference was mooted. On 7-2-1990 MOM gave a call for observance of peaceful strike. Citizens of Karachi in response to call observed complete strike, upto noon time but thereafter the police, goondas and workers of PPP embarked upon the killing resulting into loss of innumerable human lives, arson, burning and looting of property.