2. (i) The Pakistan movement was preceded by a hundred year struggle to restore Muslim glory and ascendancy in India lost to the British in the Battle of Plasey. It was a struggle for Muslim identity in an overwhelming Hindu India, when renaissance of nationalism was spreading all over the world. In this struggle, Muslims from all walks of life and all corners of India took part.
(ii) Political movements like Gandhi's Ahansa (non-violence), Quit India Movement, Khilafat Movement, All India Congress, Non-cooperative Movement, even Khaksar Tahrik played a great part in prying the British hold loose over India.
(iii) In fact the earlier part of the struggle that made independence of India, and coonsequently creation of Pakistan possible, was carried out by Hindu more than Muslim leaders. For example not a single leader or worker of Muslim League was jailed or even slightly injured, while the whole top Hindu leadership was incarcerated for a long time. Those Muslim leaders who suffered privations of goal like Moulanas Muhammad Ali, Shaukat Ali, Abdul Kalam Azad and leaders of Khaksar Tahrik, were not jailed for Pakistan but for Khilafat Movement.
(iv) That in all above named movements aimed at winning freedom of India from British, and later when the Muslim renaissance took the form of a demand for a separate homeland, Muslims from all over India joined hands. Prominent leaders like Sir Agha Khan, Abdullah Haroon, G. M. Syed, Kazi Muhammad Moosa, Sardar Aurangzeb Khan, A. K. Fazal Haq, Hussain Shaheed Suhrawardi, Abdul Rab Nishtar and many others were not Urdu speaking. Above all else despite much falsification of history, Muhammad Ali Jinnah, the unquestioned leader of Pakistan Movement was a Sindhi who was born in Jhirk, a small town of District Thatta about 30 Km away from Hyderabad.
3. (i) In much the same way, the claims of the petitioner that two million Muhajir lives were lost for Pakistan is twisting facts out of shape to serve MQM's propaganda.
(ii) If the Honorable Court may please note the following facts, the monumental absurdity of MQM's claim can be gauged:
(a) During the second world war (1939-1945) in which 26 countries of the world were directly involved and almost all the rest indirectly, being colonies of the imperialist forces then, whole of Germany was bombed to a rubble, 2 full vibrant cities of Japan, Hiroshima and Nagasaki, were turned to ashes by atom bombs, two million Jews were exucuted in concentration camps by the Germans and thousands of soldiers and civilians died on both sides of the divide. (source: Chronicle of the Second World War enclosed as Vol 2.2 in the document)
This war raged on for 6 years and claimed 64 million lives which was about 3.0% of the 2.1 billion population of the world estimated at that time. (source: World Population Trends and Policies 1979 Monitoring Report enclosed as Vol 2.2 in the document)
(b) India at the time of partition, had a total population of approximately 340 million out of which Muslims were approximately 120 million, and Muslim population in the minority provinces was approximately 40 million.
[Estimated population of India in 1949 = 342 million. Estimated population of Pakistan comprising East and West wings in 1949 = 80 million. Muslim population of minority provinces, estimated at half that of Pakistan approximately 40 million](source: The World Almanac and Book of Facts for 1951, page 295 for India and page 296 for Pakistan enclosed as Vol 2.3 in the document)
(c) The MQM wishes everybody to believe that in a conflict that only lasted couple of months, when no machines of method of mass destruction was used, two million people or full 5% of the population was massacred.
(d) In other words using only kirpans and daggers upwards of 10,000 people were being massacred every day for 200 days consecutively so that 2 million lives were lost at the end of 6 months. Compare it with today's Karachi where 60 deaths per day have literally shaken foundations of the state.
(e) More credible is a report cited by Red Cross that 10,000 people died on both sides of the border. Among the half or 5,000 dead from Muslims side most were from district Ferozpur in East Punjab. In fact the number of Urdu speaking refugees who lost their lives during or after partition could be counted on fingers. All the hype of sacrifices by MQM and Mr. Altaf Hussain is plain rabble rousing nonsense.
4. In yet another absurd claim the petioner has quoted a ridiculous figure of MQM and its supporters being 60% of the population of Sindhi or 18 million out of 30 million populatoin of Sindh conceded by the petitioner in its Petition and claiming relief under Article 25 has demanded correct enumeration. Article 25 reads as follows:
``Equality of citizens:
(1) All citizens are equal before law and are entitled to equal
protection of law.
(2) There shall be no discrimination on the basis of sex alone.
(3) Nothing in this Article shall prevent the State from making any
special provision for the protection of women and children.
5. In the first census conducted in 1951, total population of Sindh was enumerated at 6,048,000, out of which Urdu speaking population was enumerated at 1,167,197 i.e. approximately 19% of the total population. (All figures have been presented in chapter 1 preceding).
6. In 1981 census, the households speaking Urdu as mother tongue were 22.64%. Complete table is given below:
Table 2.1: Breakdown of population according to languages
| Language | % Population |
| Sindhi | 52.40 |
| Urdu | 22.64 |
| Punjabi | 7.69 |
| Balochi | 4.51 |
| Pushto | 3.06 |
| Siraiki | 2.20 |
| Birahvi | 1.08 |
| Hindko | 0.36 |
| Others | 5.97 |
7. This belies the claim of the petitioner of being in majority in the province. However even before the maintainability of MQM Petition to this Honorable Court is argued upon, the leader of MQM, Mr. Altaf Hussain, has escalated the population of Muhajirs from 18 million to 22 million. In his lates diatribes the ``Supreme Leader'' insists that his supporters now numbered 22 millions which is a surprising increase of 4 million souls in 4 months from 60% of the population of Sindh to 73%.
8. Without prejudice to above a question arises as to how, and why, is it that the petitioner and its supporters, by which is meant Urdu speaking people, have become 60% (or 73%) from a figure of 19% in a short period of 40 years except through massive illegal immigration.
9. (i) The applicant/intervenor begs to inform this Honorable Court that at no time during the struggle for creation of pakistan was a plan of mass migration from minority provinces envisaged or even contemplated. Quaid-e-Azam Muhammad Ali Jinnah was very clear on this issue. In his mind and that of other Muslim League leaders, creation of Pakistan would automatically reduce the dominant role of Hindu minorities in Muslim majority provinces which would otherwise, in a combined India, be influenced by a federal government belonging to the permanent majority of Hindus.
(ii) The text of All India Muslim League's Pakistan resolution of 1940 clearly show that minorities' rights were being resolved at the political level without contemplating migration of any kind. The Resolution reads as follows:
``Resolved that it is the considered view of this session of the All India Muslim League that no constitional plan would be workable in this country or acceptable to the Muslims unless it is designed on the following principles, viz., that geographically contiguous units are demarcated into regions which should be so constituted with such territorial readjustments as may be necessary, that the areas in which the Muslims are numerically in a majority as in the North-Western and Eastern zones of India, should be grouped to constitute `Independent States' in which the constituent units shall be autonomous and sovereign.''
``The adequate, effective and mandatory safeguards should be specifically provided in the constitution for minorities in these unts and in the regions for the protection of their religious, cultural, economic, political, administrative and other rights and interests in consultaion with them, and in other parts of India where Mussalmans are in a minority, adequate, effective, and mandatory safeguards shall be specifically provided in the constitution for them and other minorities for the protection of their religious, cultural, economic, political, administrative and other rights and interests in consultation with them.''
(iii) A year later, in 1941, All India Muslim League revised the wording of its political objective, and adopted it at Madras. The text is as follows:
(a) The establishment of completely independent States formed by demarcating geographically contiguous units into regions which shall be so constituted. With such territorial readjustments as may be necessary, that the areas in which the Mussalmans are numerically in a majority as in the North Western and Eastern zones of India, shall be grouped together to constitute Independent States as Mslim Free National Homeland in which the constituent units shall be autonomous and sovereign.
(b) That adequate, effective and mandatory safeguards shall be specifically provided in the constitution for the minorities in the above mentioned units and regions for the protection of their religious, cultural, economic, political and administrative and other rights and interestes in consultation with them.
(c) That in other parts of India where the Mussalmans are in a minority, adequate, effective, and mandatory safeguards shall be specifically provide in the constitution for them and other minorities for the protection of their religious, cultural, economic, political, administrative and other rights and interests in consultation with them.''
(iv) But much clearer in its perception is Quaid-e-Azam's press conference with foreign correspondents at New Delhi one year before Independence. In it he said, ``As soon as Pakistan is achieved, this tension which exists and will [otherwise] continue... that one nation is going to rule the other... will cease. The minorities can live only as minorities and not as a dominant body.''
``At present the position is this: that the minorities in Muslim zones naturally do not want Pakistan, because with the backing and dissension of Hindus all over India, they are encouraged and are dominating Muslim majorities.''
``Once they realized that they have to live as minorities then I think you will have really stable and secure Government in Pakistan and Hindustan. Why should there then be a national quarrel? The position is reduced to much smaller plane, i.e. how best can the minorities be protected and safeguarded in the two states.'' (source: Pakistan a Dream and the Unfolding Reality by Ibrahim Joyo page 9 enclosed as Vol 2.4 in the document)
10. (i) Despite a clear concept of how the problem of minorities was going to be solved, the first incumbent government of the Federation under a feline and furtive plan, and in spite of all that was done by Sindh for the Federation, betrayed Sindh by opening borders of Khokhrapar with a prefidious design of swamping Sindh and turning it into another later day state of Oudh. What we are facing now is the outcome of that treachery.
(ii) Sardar Shaukat Hayat Khan, the last of the prominent Muslim League leaders, has this to say in his Memoirs, ``The nationa that lost its soul'', p. 178
``He (Liaqat Ali Khan) delayed the completion of the Constitution to avoid elections which he could not win because he had no seat in Pakistan and had to be elected by East Pakistan. He, on the advice of officers belonging to the United Provinces, broke the Liaqat-Nehru Pact about the agreed areas for migration from India to Pakistan, requiring the record of property to be exchanged officially. He, quite against the agreement permitted inhabitants of UP and Rajasthan to enter via Khokhrapar - thus opening floodgates endangering the stability of the already overloaded boat of Pakistan. I objected to this in the assembly. This action of Liaqat was quite partial allowing only people from his old Province and the adjoining areas to migrate unfairly into Pakistan in rder to create a seat for himself in Karachi. The people of the rest of the India were left to stew in their own juice. This act of his created a lot of confusion with people getting allotments in Sindh, without records on each other's dubious evidence. This led to the problems of MQM and their hatred by Sindhis. These refugees got a monopoly of jobs in the cities and deprived local Pakistanis of their rightful share. The political instability still persists.''(source: Page 178 from the ``Nation that lost its soul'', enclosed as Vol 2.5 in the document)
(iii) A conversation between Altaf Gauhar, the Information Secretary of Ayub Khan, on 15th March, 1969, with Chaudhry Muhammad Ali, on the subject of the grievances of the Sindhi people is most revealing. Chaudhry Muhammad Ali in conversation, as quoted by Altaf Gauhar, said, ``The Sindhis were extrememly unhappy about the growing presence of ``outsider'' in the towns of Sindh. The Muhajirs had taken over the whole of Karachi, the Punjab officials had acquired large tracts of barrage lands and the Pathans had acquired a monopoly of all transport and construction business. Muhammad Ali thought these worries were all unnecessary because his government in the 1950s had foreseen the problem and had planned the induction of Muhajirs into Karachi and other major towns of Sindh to forestall Sindhi nationalism.'' (see pages 466, 467 of ``Ayub Khan'' by Altaf Gauhar).
(iv) The Chief Minister of Sindh, Mr. Muhammad Ayub Khuhro, at the time Pakistan was created, refused to accept more than 150,000 refugees. The dismissal of his government in 1948 was basically for this reason and that of not surrendering Karachi to federation.
11. (i) After the initial wave of migrants from both the countries, the two premiers Jawahar Lal Nehru and Liaqat Ali Khan met and signed on 8th March, 1950, an accord known as Liaqat-Nehru Pact, to the effect that henceforth people from both countries would be permitted to cross the borders only after issue of visa. All entrants of Pakistan after that date who stayed here without immigration formalities are illegal immigrants.
(ii) As late as mid seventies, the Indian Prime Minister, Mr. Morarji Desai is on record to have confirmed the above position, even formally offering all such Indians Muslims freedom to return to India from Pakistan if they so wished.
12. (i) Muslims from India, Biharis and Bengalis and people from other parts of the world keep entering Pakistan and settling in Sindh, specially Karachi, with the active connivance of Muhajirs in Karachi and the corrupt and overwhelmingly Urdu speaking bureaucracy of immigration department who issue them the necessary National I.D. cards and even Pakistan Passport for couple of thousands of Rupees.
(ii) According to Minister of Interior Government of Pakistan, of the many visitors from India to Pakistan who entered on visa between 1977 to 1987, 187,000 people failed to return and are perhaps now living in Karachi.
(iii) It is reported by a former IG of National Registration office that 7 out of 9 present members of MQM Coordination Committee are illegal immigrants, who have not gone through the legal process of naturalization.(source: IG Registration interview with Sindh daily newspaper Barsat, Karachi of 11.7.1995, enclosed as Vol 2.6 in the document)
(iv) Defective immigration rules regarding Muslims have recently increased the influx from India into Sindh. This Honorable Court is humbly requested to note the following:
(a) Presently the entry and stay of foreign national except Indian Muslims is governed under the Foreigners Act, 1946. The visitors from India are however governed under the Pakistan (Control and Entry) Act, 1952. Contravention of The Foreigners Act, 1946, is punishable with imprisonment of upto five years as well as a fine. But, the maximum punishment for the contravention of the Pakistan (Control and Entry) Act, 1952, is only one year imprisonment and a maximum fine of Rs. 1000.00. To make the rule even more liberal, the offense is made bailable with the result that hundereds of thousands of visitors from India have broken the Rule, jumped bail and have vanished in the labyrinths of Karachi, Hyderabad and other places in Sindh.
(b) Subjects of the former States of Kathiawar, namely, Junagadh, Mangrol, Munavadar, Sultanabad, Bantva and Sardargarh are now eligible for Pakistan citizenship under Section 3 and 4 of Pakistan citizenship Act 1951 because these states had acceded to pakitan at the time of Partition, and are presently considered under illegal occupation by India.
On entering Pakistan and intended to settle here, the people of these states are treated at par with the inhabitants of the territories presently constituting Pakistan. They are normally required to produce a certificate from Junagadh State Muslim Federation in Karachi, as to the veracity of their claim. Thousands of Indians have entered Sindh employing the dubious method above, apart from the 0.35 million who, according to the Nawab of Junagadh migrated during Partition.
13. People living in Sindh are heterogeneous like any other province of Pakistan. They speak many languages like Sindhi, Brahvi, Siraiki, Balochi, Katchi and Gujrati. One mischievious method adopted by MQM and its supporters is to separate Sindhi speakers only and plus the rest with Muhajirs to swell their numbers. For example the 1981 census figures for language spoken are:
Table 2.2: Breakdown of Population according to Languages
| Total Households | 274,420 |
| Language | % Population |
| Sindhi | 52.40 |
| Urdu | 22.64 |
| Punjabi | 7.69 |
| Balochi | 4.51 |
| Pushto | 3.06 |
| Siraiki | 2.20 |
| Birahvi | 1.08 |
| Hindko | 0.36 |
| Others | 5.97 |
In this case MQM and its supporters are likely to say that Sindhis are 52.4% and the rest of 47.6% are Muhajirs, not considering that Siraiki, Birahvi and Gujrati (Parsi and others) speakers are ab-initio part of Sindhi nation or nationality.
In actual fact the 1981 census should read Sindhi people as 66.61% of the Sindh population; 22.69% as Urdu speaking and 7.69% Punjabi and Pushto speaking respectively.