Law: Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975

Section: 2 , 3

JUDGMENT

In the holocaust of partition of the Sub-Continent at the time of the creation of Pakistan in 1947, more than million Muslims were uprooted from their hearths and homes. Hundreds of thousands were killed. Thousands upon thousands of women were abducted. Some of those who were lucky to escape to Pakistan, .under an agreement between the Government of Pakistan and the Government of India in 1950 pointed out the jewellery, currency or other similar kinds of the property left behind bidden, generally known as `Dafinas' for being recovered from India and given over to them. The Officers of the Pakistan Government went over to India, unearthed the Dafinas and brought them over to Pakistan. This happened mostly in the early fifties and sixties. The claimants were not, however, passed on their Dafinas. Many must have died and others given up hope with thump in their throats. In the case in hand, the petitioners having failed in their efforts to get back their Dafinas from the Pakistan Government filed the above-titled Constitutional petition.