Unjust Occupation of Mohajir Lands and Properties in Sindh

Malick Ghori

On July 23, 1948, Quaid-e-Azam established a separate provincial status for the Federal Capital Area of Karachi, Lasbela, and Thatta. This area had a Muhajir majority. This was akin to Delhi, which had become a Shrinarthis (Hindu-Muhajir) majority area in 1948. Despite Delhi’s status as a majority Shrinarthis area, it remains a capital and province. In contrast, anti-Muhajir bias in Pakistan led to the shift of the capital from Karachi to Islamabad. This shift diminished Karachi’s provincial status.

The Muhajirs, numbering about 7.5 million, were a result of the exchange with 7.9 million Shrinarthis who moved to India, leaving their properties in Pakistan. These Shrinarthis, mainly from NWFP, Punjab, Balochistan, and Sindh, took over lands and properties left by Muhajir Muslims. This happened in cities like Delhi and Bombay (now Mumbai).

No Muslim in India dispose of their property after March 1, 1947. No non-Muslim (Hindu, Sikh) in Pakistan do so either. This was an international treaty rule. They had to leave their properties as evacuee property to be exchanged. Additionally, there were restrictions on carrying cash and gold. Non-Muslim Shrinarthis were well-settled in India with the properties left by Mohajirs. In Pakistan, the Muhajirs have been unfairly seen as a burden on resources. Unfortunately, they did not tackle their issues systematically or seek solutions effectively.

The Indian Provincial and State Assemblies, followed by the Indian Parliament, enacted many laws. These laws regulated evacuee properties left by Mohajirs in India. These laws addressed the appointment of custodians and claims by Hindu Sikh Shrinarthis. They also dealt with the settlement and rehabilitation of displaced persons (DPPs) from Pakistan. The Displaced Persons (Debts Adjustment) Act of 1954 resolved loans against the properties left by Mohajirs. Evacuee Trust Property Laws facilitated the settlement of Shrinarthis in India. No local population was included in the distribution of evacuee properties; laws were specific to DPPs. Mahar Chand Khanna was a DPP and former NWFP Finance Minister. He was appointed by Prime Minister Jawaharlal Nehru to oversee this process. Despite ongoing amendments to the Evacuee Properties Act, the framework remains in place.

In Pakistan, yet, Prime Minister Liaquat Ali Khan, who supported the fair distribution of evacuee properties to Mohajirs, was assassinated. This event halted the rehabilitation efforts for Mohajirs, and influential local figures began illegally occupying evacuee properties. This led to a situation where Muhajirs were deprived of their rightful lands, particularly in Interior Sindh and NWFP. Hindus and Sikhs had significant land ownership before partition. This land was legally transferred to Mohajirs. Despite this, they have faced systemic exclusion and loss of their property rights. The historical context highlights a stark contrast in the treatment of evacuee properties between India and Pakistan. Mohajirs suffered disproportionately due to these policies and actions.

In Sindh, local fraudsters and cheaters have undermined the rights of Mohajirs. They mislabeled them with derogatory terms and unjustly occupied their properties. Unlike India, where evacuee claims and settlement laws were enacted promptly and fairly. Pakistan’s laws (1954-1958) allowed others, not just displaced persons, to claim evacuee lands. This was contrary to international treaties. This has led to Mohajirs being marginalized. They have been denied rightful representation and local government roles. No Mohajir has ever served as Chief Minister since 1947. According to international treaties, evacuee rights rightfully belong to Mohajirs. These rights include agricultural lands, homes, and businesses left by Hindus and Sikhs in Pakistan. These evacuee rights include agricultural lands, homes, and businesses. These were left by Hindus and Sikhs in Pakistan. These properties rightfully belong to Mohajirs. The contrast is stark with India. In India, Shrinarthis were fairly settled. Delhi, despite its Shrinarthi majority, remained the capital. This demonstrates a more fair approach compared to Pakistan’s treatment of Mohajirs.

In 1948, Quaid-e-Azam Muhammad Ali Jinnah established the Federal Capital Territory of Karachi with a separate provincial status. This mirrored the status of Delhi. Delhi was a Shrinarthi-majority province in India. Jinnah’s decision was in line with his vision. He aimed to give representation and administrative power to the Mohajir community. The Mohajir community had significantly contributed to Pakistan’s formation. Just as Delhi had a Shrinarthi majority and maintained its status as both a province and the capital of India. Karachi was envisioned to be a Mohajir-majority province. It was intended to have administrative autonomy.

From Karachi and Hyderabad. Jinnah and Liaquat Ali Khan represented constituencies in these cities just like Ram Jeth Malani and L.K. Advani represented Bombay and Delhi in India.

In Sindh, many evacuee agricultural lands and properties have been unjustly appropriated from Mohajirs. Key cities like Shikarpur, Larkana, Khairpur, Jacobabad, Dadu, Kotri, and Thatta were historically significant to Mohajirs. But, their ownership has been contested or claimed by others. This includes the expropriation of businesses and trades through processes like nationalization and privatization.

Dr. Hamida Khuhro’s research underscores that there were 24 evacuee cities in Sindh, which should have remained under Mohajir control according to the international agreements and historical precedents. However, the systematic and often illegal occupation of these lands by others has resulted in significant losses for the Mohajir community, undermining their rightful claims and contributions to the region.

The nationalization policies during Zulfikar Ali Bhutto’s era and subsequent privatization practices significantly impacted Mohajir industrialists and business owners, leading to their financial ruin. Industries and businesses, built over generations, were seized and auctioned off, with preferential treatment given to political allies of leaders like Benazir Bhutto and Nawaz Sharif. Despite Nawaz Sharif’s family receiving their Ittefaq Group of Industries back from General Zia, Mohajir-owned entities, such as Habib Bank and MCB, were not returned.

General Zia-ul-Haq further exacerbated the situation by reappropriating the Refugees Defense Officers Co-operative Housing Society (O&RDOCHS), transforming it into the DHA and imprisoning its original founders. Additionally, educational institutions and government jobs were systematically closed off to Mohajirs. They faced severe discrimination in admissions and employment, with policies tailored to marginalize them. For instance, Mehran Engineering University implemented exclusionary practices, rejecting high-achieving Mohajir students while admitting lower-scoring candidates. Despite a legally mandated 40% quota for Mohajirs in government jobs, they were often denied even this minimal share.

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