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MQM VS Government reply by Government

MQM VS Government reply by Government

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Published by Sani Panhwar
REPLY STATEMENT
Filed By
THE GOVERNMENT OF PAKISTAN
& THE GOVERNMENT OF SINDH
IN THE SUPREME COURT OF PAKISTAN
On 5th June 1995
IN PETITION NO. 46/94
MQM---------------------------------------Petitioner
VS
FEDERATION OF PAKISTAN-------------------Respondents
GOVERNMENT OF SINDH------------------------Respondents
Federation of Pakistan represented by:
Mr. Mohammad Jami Kazi Attorney General for Pakistan
Government of Sindh represented by:
Mr. Abdul Ghafoor Mangi Advocate General Sindh
IN THE SUPREME COURT OF PAKISTAN ORIGINAL JURISDICTION
UNDER ARTICLE 184(3) OF THE CONSTITUTION, 1973.
CONSTITUTION PETITION 1994
MQM (MOHAJIR QOUMI MOVEMENT) .................Petitioner
VERSUS
Respondents:
1. THE FEDERATION OF PAKISTAN.
2. THE PROVINCE OF SINDH.
REPLY STATEMENT
Filed By
THE GOVERNMENT OF PAKISTAN
& THE GOVERNMENT OF SINDH
IN THE SUPREME COURT OF PAKISTAN
On 5th June 1995
IN PETITION NO. 46/94
MQM---------------------------------------Petitioner
VS
FEDERATION OF PAKISTAN-------------------Respondents
GOVERNMENT OF SINDH------------------------Respondents
Federation of Pakistan represented by:
Mr. Mohammad Jami Kazi Attorney General for Pakistan
Government of Sindh represented by:
Mr. Abdul Ghafoor Mangi Advocate General Sindh
IN THE SUPREME COURT OF PAKISTAN ORIGINAL JURISDICTION
UNDER ARTICLE 184(3) OF THE CONSTITUTION, 1973.
CONSTITUTION PETITION 1994
MQM (MOHAJIR QOUMI MOVEMENT) .................Petitioner
VERSUS
Respondents:
1. THE FEDERATION OF PAKISTAN.
2. THE PROVINCE OF SINDH.

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Categories:Types, School Work
Published by: Sani Panhwar on Aug 21, 2008
Copyright:Attribution Non-commercial

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09/06/2012

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REPLY STATEMENT 
Filed By
 THE GOVERNMENT OF PAKISTAN& THE GOVERNMENT OF SINDHIN THE SUPREME COURT OF PAKISTANOn 5th June 1995IN PETITION NO. 46/94MQM---------------------------------------PetitionerVSFEDERATION OF PAKISTAN-------------------RespondentsGOVERNMENT OF SINDH------------------------Respondents
Federation of Pakistan represented by:
Mr. Mohammad Jami Kazi Attorney General for Pakistan
Government of Sindh represented by:
Mr. Abdul Ghafoor Mangi Advocate General Sindh
IN THE SUPREME COURT OF PAKISTAN ORIGINAL JURISDICTIONUNDER ARTICLE 184(3) OF THE CONSTITUTION, 1973.CONSTITUTION PETITION 1994MQM (MOHAJIR QOUMI MOVEMENT) .................PetitionerVERSUSRespondents:1. THE FEDERATION OF PAKISTAN.2. THE PROVINCE OF SINDH.
 
Government of Pakistan and Sindh Government’s reply
 
Copyright © Sindhi Association of North America
2
Reply Statement on Behalf of the Respondents nos. 1 and 2.
 
 Both the Respondents above named jointly and receptively submit their Preliminary Objections to the maintainability of this Petition and the Reply Statement as under:
 
Preliminary Objections:
 It is submitted by the answering Respondents no. 1 and 2 that the Petition filed by thePetitioner is not maintainable under Article 184 (3) of the Constitution, 1973 on, interalia, the following grounds:I. That the Petitioner has not come to this Honorable Court with clean hands. Itsmotives for filing the present Petition are:a) to achieve cheap publicity gimmicks and political mileage for a particular group ofthe activists of MQM, who have now been exposed in misdirecting its activities formaintaining their stronghold on MQM for their perennial interests and gains;b) to confound, befuddle and erase the mass perception of an overwhelming majority ofthe people of Pakistan that the Petitioner in its present formation and working is amilitant, fascist and a terrorist organization.c) to allay the fast growing impression of the masses that the Petitioner is being used bythe enemies of Pakistan to destabilize its political and economic structure andhamper its development and growth, and for that purpose and in that process tomailing and defame the State of Pakistan and its institutions before the internationalcommunity as a deterrent to Pakistan's moral and political support to the freedomfighters of Kashmir and to divert the attention of the world from unspeakableatrocities and grave violations of human rights committed by India in the occupied Jammu and Kashmir.II. (a) That the Petitioner has attempted to involve this Honorable court in the ethnicdisputes of its won creation by false accusations of victimization of "Mohajirs". Therelief’s, as prayed by the Petitioner, it is respectfully submitted, of publicimportance", as these are based on controversial and fissiparous issues which aredetrimental to the sovereignty, integrity and ideology of Pakistan, loyalty to the Stateand obedience to the Constitution and law.
 
Government of Pakistan and Sindh Government’s reply
 
Copyright © Sindhi Association of North America
3
(b) It is further submitted that even on showing of the petitioner, the questions/issuesraised in the Petition have been tailored to give an impression of deprivation anddespondency purely on ethnic and linguistic basic. Since the geographical factorsalluded therein arise by the accident of birth or deliberate choice, they are irrelevantto the so called "urban" and "rural" divide.c) Far from being the questions of public importance, the ethnic controversies as raisedby the Petitioner, apart from being factually false are quite essentially based onparochial and fissile considerations.III. That it is a condition precedent for invoking the jurisdiction of this HonorableCourt under Article 184(3) that the Petition must be filed for "bonafide" interests ofrights of the general public. The entire purpose of this Petition is to falsely andseditiously malign and defame the Respondents, their Law Enforcing Organs andarmed forces by raising ethnic issues in a vague and nebulous manner with a view toachieving its insidious objectives generally ant to justify its political machination,particularly its boycotting the general elections held on the 6th October, 1993 for theNational Assembly; and further for the purposed of oblique considerations", and towipe out the odium of acting as a terrorist group. Since there very object of thePetitioner in filing this Petition is mala fide, it is not maintainable under Article184(3).IV. That it is submitted that it is also a condition precedent for invoking the jurisdiction of the Honorable Court under Article 184(30 of the Constitution that thereshould be a "determinate" case or a group of persons, whose justifiable interests and justified rights require safeguarding. For its various untenable and illusorygrievances, the Petitioner claims to be the sole representative of "Mohajirs" whichclaim is factually untrue. First, there are other political parties representing Mohajirsindependently of the Petitioner; secondly, all Mohajirs are not supporters of thePetitioner and but for the milieu of terror and repression created by the Petitioner, agreat number of Mohajirs would openly support an vote for the other politicalparties; thirdly, in a democracy no political party or group can claim primordial andperpetual vested right to represent any specified voters as a class and fourthly, thereare many constituencies in Karachi where voters either belong to mixed populationor belong predominately to non-Mohair class or groups and where the Petitioner hasno representation according to its own admission, and finally all Mohajirs are notundue speaking.Consequently, this Petition can not be treated as having been filed on behalf of a"determinate" class or a group of voters and supporters.V. (a) That the protection of Fundamental Rights guaranteed under Article 9, 10, 14, 15,16, 19, 22, 25 and 27 cannot be enforce in an omnibus manner, as is prayed in thePetition.

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