' SAIDUZZAMAN SIDDIQUI, J.---In the abovementioned three Constitution petitions, under Article 184(3) of the Constitution of Islamic Republic of Pakistan (hereinafter to be called as 'the Constitution' only), the following common questions, namely, that the general elections in the country scheduled to be held on 3rd of February, 1997, are not expected to bring into existence truly representative Assemblies, as the allocation of seats of National Assembly to the provinces is to be made on the basis of the last preceding census held in the year 1981, while the structure of population in the provinces and specially in Sindh, has undergone tremendous changes during last 16 years, on account of increase in the population and shifting of pupulation from rural areas to urban centres, is agitated.
2. Similarly, it is argued with vehemence, with special reference to Sindh, that allocation of seats in the Provincial Assemblies, on the basis of urban and rural divide has become totally unrealistic and unrepresentative in character as during the last sixteen years there has not only been a mass shifting of population from rural areas to urban centres but that there has been substantial growth in the cities population otherwise, and this phenomenal increase in the population of cities is clearly visible in the city of Karachi and other urban centres of Sindh, necessitating a fresh, realistic and truly representative allocation of urban and rural seats in the Provincial Assemblies on the basis of existing population.
3. The contention, in substance, is that holding of census in the country at regular interval of ten years is a Constitutional duty of the Government and failure to perform this duty has not only resulted in depriving the people of their proper and true representation in the Assemblies and effective sharing in the affairs of the Government but it has also rendered the sharing and distribution of the resources of the country amongst the federating units, planning of economic policies and formulation of other national activities without a foundational basis and untenable.
These acts of omission and commission on the part of Government, it is contended, have infringed several rights of people guaranteed under the Constitution and especially their political liberties and rights arising under Article 17 of the Constitution.
4. Besides the above common contention in all the above three petitions, in one of them (Constitution Petition No,62 of 1996) additional ground relating to extra-judicial killings in the city of Karachi is agitated and it is contended that these acts constituted violation of fundamental right guaranteed under Article 9 of the Constitution. It is also contended that the grounds of extra- judicial killings in the country were given prominence in the order of President dissolving the National Assembly and dismissing the Government under Article 58(2)(b) of the Constitution, and therefore, it is desirable that enquiry into the cases of extra-judicial killings should precede the holding of general elections in the country, by the present Government as otherwise a succeeding political Government may shelf the issue in cold storage.
5. On the above premises, the learned counsel for the petitioner sought stay of general elections in the country scheduled for 3rd February, 1997 until such time a census is carried out in the country and the cases of extra-judicial killings in the country are looked into by a properly appointed commission.
6. Keeping in view the public importance of the issues raised in the above cases, we issued notice to learned Attorney-General of Pakistan at the stage of preliminary hearing of these petitions. In response to our notice, Mr. Shehzad Jehangir, the learned Attorney-General appeared before us on Court notice while Mr. Khalid Anwar, the learned Advocate Supreme Court appeared for the Federal Government. The learned Attorney-General as well as Mr. Khalid Anwar, did not dispute the importance of holding of a census in the country but they pleaded time constraint on the part of present Government to undertake this exercise. The learned Attorney-General as well as Mr. Khalid Anwar, the learned counsel for the Federal Government, however, strongly opposed the prayer of petitioners for postponement or stay of elections on the ground that no census was held in the country for the last 16 years.
7. After hearing the learned counsel for the parties, the learned Attorney-General of Pakistan and Mr. Khalid Anwar the learned counsel for the Federal Government, we are of the view that the issues raised in the above petitions are undoubtedly question of public importance, and the allegations of petitioners prima facie do raise the question of enforcement of some of the fundamental rights guaranteed under the Constitution which require further consideration. These petitions are, accordingly, admitted to regular hearing. Notice be issued to respondents.
8. The petitioners have also prayed for postponement and stay of general elections until, holding of the census in the country and finalization of cases relating to extra-judicial killings in Karachi.
Firstly, the general elections on 3rd of February, 1997 were called as a consequence of dissolution of National Assembly by the President of Pakistan under Article 58(2)(b) of the Constitution, which is a mandate of the Constitution. Secondly, according to Article 51(3) of the Constitution, the allocation of seats is to be made in the Assembly on the basis of the last preceding census. Therefore, holding of fresh census in the country is not a condition precedent for holding of general elections. In the same manner, holding of enquiries in the cases of alleged extrajudicial killings has no nexus with the holding of general elections in the country. We, therefore, find no merit in the prayer of petitioners for stay of holding of general elections in the country on 3rd February, 1997 and dismiss the same.