Government of Pakistan and Sindh Government’s reply
Copyright © Sindhi Association of North America
(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.