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.
2. Since the middle of 1978 the case was being processed to see that the petitioners were returned their Dafinas. Interim orders were passed on various dates for the matter to be brought to the notice of higher officers so that it could be concluded. Syed Asad Pervaiz, Joint Secretary (A & M), Ministry of Religious Affairs and Minorities Affairs with Mr. Saif-ur-Rehman, Section Officer of the same Ministry has appeared. Mr. Hashmi, Settlement Commissioner (Urban and Movable Property) with Messrs Abdul Majid and Iqbal Ahmad Bokhari, Additional Settlement Commissioners, has also appeared. I had requested the learned Advocate-General to appear and assist the Court.
3. It goes without saying that the Muslim refugees who had left their Dafinas behind and which had not been usurped by the non-Muslims were entitled, when those were recovered by the officers of their own country, the Pakistan, that they be handed over their Dafinas at the earliest. It is obvious and patent that the Dafinas so recovered were trust in the hands of the authorities for delivery to their rightful owners. Withholding could constitute crime or tort. The people of the country have tremendous amount of patience but it cannot be taxed to the limit. Nor any canon of law, justice, fair -play and certainly not Islam, will permit withholding of or--naments, jewellery, etc., which had not been usurped by non-Muslims, to be withheld by officers of the Pakistan Government of the unfortunate women and others. Under all kinds of law prevalent in the land and in fairness, the claimants are entitled to be given back their Dafinas and the authorities are under an obligation to discharge the trust. Syed Asad Pervaiz, Joint Secretary of the Federal Government has appreciated the problem, if I may say so, and has pointed out that the Federal Government had already instructed the Chief Settlement Commissioner, Punjab vide Ministry's D. O. Letter dated 23-8-1980 to the following effect, "We have already requested you to settle the claims of the claimants in general through the Identification Committee constituted for this purpose and the claim of Mr. Wali Muhammad in particular. It is unfortunate that this case remains unsettled for one reason or another." He has then referred to a subsequent letter dated 29-9-81 to the Member Board of Revenue/Chief Settlement Commissioner to the effect that- "Kindly refer to your telex No. 60-MP dated 26-9-1981 on the above subject. As you are aware that even after the promulgation of the Evacuee Property and Displaced Persons Laws (Repeal) Act.
1975, the Chief Settlement Commissioner, Punjab has been continuing to look after the work relating to the Evacuee Movable Property also on behalf of the Federal Government. The responsibility for settlement of claims of Evacuee Movable Property, therefore, continues to be with the Provincial Settlement Organization till alternate arrangements are made by the Federal Government.
Clear orders with regard to the settlement of such claims in general and with particular reference to the settlement of the case of Messrs Wali Muhammad and others were given by this Ministry vide D. O. Letter of even number dated 23-8-1980. 1 am, therefore, desired by Secretary to request you kindly to look into the case of Messrs Wali Muhammad etc. And others and settle the claim within the stipulated time in the light of High Court's orders."
(The aforementioned two letters are placed on record).
4. Mr. Muhammad Nawaz Hashmi, Settlement Commissioner (Urban and Movable Property) has submitted that as far as this case is concerned, the Member Board of Revenue/Chief Settlement Commissioner has agreed to return the Dafinas to the rightful claimant-petitioners but as regards others, the Dafinas are lying in the treasuries throughout the country in the various provinces and it is the Federal Government which has to make arrangements for disposal thereof.
5. The learned Advocate-General of the Province of Punjab has stated that he brought the matter to the notice of the Governor of the Province who has authorized him to say that the. Provincial Government is prepared to take up the task of returning the Dafinas to the Muslim claimants thereof and for that purpose will take all necessary steps. During the hearing of this petition it has also come on record that ornaments, jewellery, cash etc. Of non --Muslims who have evacuated, were also collected at various places. Some fire-arms left behind by Muslims too were also recovered from India and are lying in various places in the Province. The learned Advocate-General stated that the Provincial Government will take control thereof and deal with them in accordance with law. The learned Advocate-General pointed out that all Evacuee and Settlement Laws have been repealed by the Federal Legislature vide section 2 of Act XIV of 1975, and all properties stand transferred to the Provincial Government for further disposal vide section 3 of the aforesaid Act. The Provincial Government shall discharge its respon--sibilities, especially when the Federal Government has expressly stated that the matter should be handled by the Provincial authorities.
6. In view of the decision of the Federal Government and the statement of the learned Advocate- General of the Province that the Provincial Govern--ment shall look after the matters mentioned above, it is obvious that now all the matter would be sorted out and disposed of in accordance with law at the earliest. The learned Advocate-General states that all efforts will be made to complete the entire job within the next two months.
7. As far as the case in hand is concerned, the Settlement Commissioner (Urban & Movable Property) has stated that as authorized by the Federal Government, he will return, the Dafinas to the petitioners on 15th of November, 1981, for which date intimation has already been given to every body concerned including the learned counsel for the petitioners who is present in Court as well, on their production of an authority vesting in one person to collect the Dafinas on behalf of all the claimant-petitioners and that it would not be possible for him to distribute the ornaments, jewellerv etc. In proportion to the shares of each of the claimant petitioners because it may not be hard currency that it could be so distributed. The learned Settlement Commissioner '(Urban and Movable Property) is directed to do, as he proposes to do the needful without further loss of time.
8. With the above observations, this petition is allowed with costs.