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VII. Appendices

Appendix 1: Letter from Board of Revenue (BoR), Punjab, to Defense Ministry, Islamabad

(Reproduced Verbatim)

D.O No 14-2001/631-CL-V,

BOARD OF REVENUE PUNJAB

LAHORE

Dated 13 April, 2001

FROM: SENIOR MEMBER (ESTABLISHMENT)

TO: Lt. Gen. (Retd.) Hamid Nawaz Khan

Secretary Government of Pakistan

Ministry of Defence, Islamabad.

SUBJECT: PERMANENT TRANSFER OF LAND UNDER STUD FARMS TO MINISTER OF DEFENCE

Dear Lt. Gen.  (Retd.) Hamid Nawaz Khan,

1. Kindly refer to your D.O letter No. FF-3/51/99/D-4 (Army IV) dated 15 February 2000 on the subject noted above.

2. The request of the Ministry of Defence for permanent transfer of land under stud grants free of cost has been examined in the Board of Revenue, Punjab.  The policy pertaining to transfer of provincial land to Federal government in this regard, is governed by the Board of Revenue Standing Order No. 28, issued by the Financial Commissioner. The standing order, ibid, refers to the Section 127 of the Government of India Act of 1935 which provides that:

“In cases where the land required to be transferred is in the occupation of the provincial government, the amount payable by the Central government will ordinarily be the market value of the land and buildings, if an thereon; the capitalized value of the land revenue assessable thereon will be included in cases where the transfer of the land revenue to the provincial government.”

3. The Board of Revenue, Punjab, policy letter dated 23 January, 1976 states:-

“In case of transfer of land from the Provincial government to the Federal government, it is always transferred at the market rate plus capitalized value/surcharge on account of sale by private treaty.”

4. The existing policy framework, it will be appreciated, does not favor acceding to the request stated in your communication of the first of February, the year 2000.

With deep regards,

Yours sincerely,

Shahzad Hassan Pervez

Appendix 2: Divorce Deed of Basharat Mehmood

Talaq-e-Salasa (Divorce – Three times)⁶⁶

I, Basharat Mehmood son of Mohammad Sadiq permanent resident of Chak No 42/3.R, Post office Manolian, Tehsil and District, Okara, submit:

1. That I was married four months back to Mst. Yasmeen, daughter of Mohammad Rafique, cast Kamboh, resident of Chak 4/4.L, Military Farms, Okara. “Haq Mehr”⁶⁷ was fixed according to shari’a which was duly paid.

2. That my father-in-law is a defaulter on the tenancy contract even though his kinsfolk forced him to pay the outstanding amount. He refused to pay so the whole clan has declared him an outcast.

3. Therefore, I, Basharat Mehmood, divorce his real daughter, Yasmeen three times. I will have no right upon her. She can contract a marriage to anyone of her choice, after completion of “IDDAT.” I have written the divorce document so that it can be used as proof in case any necessity arises in future.

Witness No 1—Haji Saifullah S/O Lal Din, R/O Mohallah Baghanpura, Sant Singhwala; Munir Abad

Witness No 2—Abdul Ghaffar Awan S/O Ghulam Muhammad r/o same address

Appendix 3: Request for Confirmation of Divorce to Union Council

To the Nazim, Union Council # 10, Chak # 4/4-L Tehsil and Zilla Okara

Subject: Confirmation of divorce given by Basharat Mehmood to Yasmin d/o Mohammed Rafiq

Dear Sir,

It is respectfully stated that I, Basharat Mehmud s/o Mohammad Sadiq am a permanent resident of Chak # 42/3-R Minolian, Post Office, Tehsil and Zilla Okara.  I was married off to one Yasmin d/o Mohammed Rafiq r/o Chak # 4/4-L Military Farm Okara, on the 2^nd of February 2003, around four months ago.  When my father-in-law refused to make a deal with the military and sign a contract with them, our community decided to boycott him.  In order to demonstrate that I was with my community I divorced his daughter.  Please accept this divorce and declare it legal.

Signed: Basharat Mehmud s/o Mohammed Sadiq

Appendix 4: Union Council’s Notice on Request for Confirmation of Divorce

Application was presented today, on July 7, 2003.  The first party, Basharat Mehmood, when called, came in person.  He filed the divorce application on July 3, 2003. As the first party filed the divorce application in prescribed period, therefore, the divorce application is disposed of today, July 7, 2003.

Thumb impression of Basharat Mehmood

Witness No—1 Nadeem Iqbal s/o Mohammad Sharif ,cast, ‘Arain’ r/o 42/3-R,Shubhan wala. ID Card No 340-75-665143

Witness No—2 Maqsood Ahmad s/o Abdul Rehman,r/oChak 4/4-L ID card No 340-70-136568

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Appendix 5: Union Council’s Notice on Receipt of Request for Cancellation of Divorce

An application was presented today on August 5, 2003. Basharat Mehmood, first party, was called in person. He stated that he had divorced his wife, Mst Yasmeen, out of pressure.  “I do not want to divorce my wife.  I request to dispose of my divorce application.”  Bashir Hussain son of Mohammad Rafique, brother of second party, came on behalf of his sister.  The application for cancellation of divorce has been received from Basharat Mehmood, the first party.  The date of hearing in Union Council is fixed on August 7, 2003.  Thumb Impression of Basharat Mehmood

Witness No 1—SAME

Witness No 2—SAME

Appendix 6: Affidavit from Basharat Mehmood Seeking Withdrawal of “Forced” Divorce

From Basharat Mehmood s/o Mohammad Sadiq, cast Kamboh, R/O Chak No 42/3-R, Tehsial & district, Okara.

I solemnly declare that I had contracted marriage to Mst. Yasmeen daughter of Mohammad Rafique cast Kamboh, resident of Chak 4/4-L, Okara.  She had not given birth to any child out of this said marriage.

2. That, I solemnly declare, there has been conflict between tenants and Rangers in District Okara. My father-in-law has acquired land for cultivation at military farms, Okara. The Rangers want my father-in-law to sign the contract. He has refused.

3. That, the Rangers out of said anger, beat me after kidnapping me and forced me to sign divorce document on June 18, 2003. They told me to ask my father-in-law to sign the tenancy contract. They warned me that otherwise I would face dire consequences. They said they would not spare my brothers, Shakeel Ahmad and Mohammad Shafique, if I failed to comply with their demands.

4. That, I solemnly declare, the Rangers forced me by threatening and beating, to sign divorce paper for their own interests. My wife and I  have no conflict at all. I want to continue with my marriage and my wife also wants to live with me out of her own will. The divorce paper is fabricated and I was forced to write it. Now I want to withdraw it. I request cancellation of my divorce papers.

5. I solemnly declare that all the information given above is correct and I have not concealed any fact.

Thumb impression – Basharat Mehmood

Witness No 1. – Same

Witness No 2. – Same