High court seeks pre-Partition 30-year record of agricultural lands

The Sindh High Court (SHC) on Monday directed the provincial government to conduct an investigation into the agricultural lands and other properties owned by local Muslims that were transferred, or held under mortgage or redemption agreements with Hindus during 1917-1947.

Issuing its order on a petition about the claim of alternative land in lieu of Jaipur, British India, an SHC division bench comprising Justice Salahuddin Panhwar and Justice Amjad Ali Sahito also directed the government to conduct a detailed examination to ascertain the reasons for which the Sindh Land Alienation Bill, 1947, despite being duly passed by the Sindh Legislative Assembly (SLA), was not assented to by the competent authorities, and its failure to become law.

The court said the 1947 bill is an important historical legislative effort aimed at addressing economic injustices prevalent in pre-Partition Sindh, particularly the exploitation of the local Muslim population.

The bench said the bill introduced, tabled and passed by the SLA reflected the socio-economic realities of the time and sought to rectify systemic inequalities. “However, its legislative journey, despite being rooted in principles of fairness and justice, ended in disappointment, as it failed to receive the requisite assent from the key authorities: first the Viceroy of India and later the Governor General of Pakistan.”

The court said the bill was modelled after the Punjab Land Alienation Act, 1900, a law that restricted the transfer of agricultural land from farming communities to non-agricultural classes, such as moneylenders.

The bench said that the purpose of both laws was to protect vulnerable agrarian communities from the predatory practices of wealthy moneylenders, who often took advantage of financially struggling farmers, forcing them to alienate their lands to settle debts.

The court said that the failure of the 1947 bill to become law represents a missed opportunity to address deep-rooted economic inequalities, and that its rejection highlights the complex interplay between economic reform and political power dynamics in the newly independent Pakistan.

The bench said that it is imperative to analyse and identify the reasons why a legislative bill duly passed by a competent assembly, with the specific objective of protecting the local populace from economic hardship and ensuring the restitution of their lands, ultimately failed to achieve its intended legislative purpose.

The court said that despite the passage of the bill, the local population was unable to benefit from its provisions due the failure in securing its assent. The bench also directed the government to constitute a committee in each district of the province headed by the deputy commissioner currently serving as the settlement commissioner.

The court said the committee is to be tasked with examining the status of properties under the evacuee pool that were originally owned by Muslims but were mortgaged due to moneylending or other financial constraints, assess if these properties could have been redeemed under the provisions of the 1947 bill, had it been enacted.

The bench directed the committee to submit a comprehensive report through the registrar within six months, and emphasised that the rights of any parties who have lawfully acquired the title to such properties under the existing laws would not be adversely affected in any manner.

The court directed the culture department to undertake efforts to preserve the history surrounding the Partition and its associated complexities, with competent officers to be deputed to research this topic thoroughly, and the findings to be compiled into an archival record to be disseminated in the form of publications.

The bench said that this initiative aims to educate the general public on the multifaceted issues arising from the Partition, and the legislative efforts made during that time. The court also directed the law secretary to place a copy of the 1947 bill before the court within 15 days, along with the debates and deliberations held by the SLA members.