SHC restrains assignee from taking control of Mohatta Palace

The Sindh High Court (SHC) has restrained the official assignee from taking possession of Mohatta Palace in Karachi, it was reported on Monday.

A two-judge bench of the SHC gave the restraining order on a plea by the Sindh government.

The official assignee was to take possession of Fatima Jinnah’s property in Clifton on November 8 (today) and had written a letter to the Sindh government in this regard.

Sindh govt challenges high court's decision

Earlier, the Sindh government challenged the high court’s decision to turn Mohatta Palace into a medical college.

The additional advocate general said that it is impossible to construct a college on a heritage site. “The Sindh government has decided to challenge the single bench’s verdict because it’s illegal. We will take our arguments to a two-member bench,” he stated.

Sindh govt decides to challenge high court's ruling to turn Mohatta Palace into college

The state prosecutor added that orders of changing the name of Mohatta Palace were illegal as well.

Meanwhile, Khawaja Haris, the petitioner’s counsel, contended that the heritage building is being used by the provincial government for commercial purposes. “These people are just filling their pockets. The establishment of a medical college will shut down their businesses,” he told the court.

In October, the Sindh High Court ruled that Mohatta Palace would be used to set up a medical and dental college for girls.

The order came on a long-standing dispute over the heritage property of late Fatima Jinnah in Clifton.

Background

In 1971, a suit was filed by Hussain Waliji, a relative of Miss Jinnah about the administration of her moveable and immovable properties including Qasr-e-Fatima.

After the death of Waliji, his son Amir Ali became the plaintiff, but he too, passed away during the pendency of the suit and then his legal heirs had become the part of proceedings.

The litigation was initiated after the award of a succession certificate of such properties to Shireen Jinnah, the only surviving sister of Fatima Jinnah after her death on July 10, 1967. The Shireen Jinnah Charitable Trust was made as one of the defendants in the lawsuit.

Qasr-e-Fatima-landmark SHC verdict

In one of the case hearings, lawyers for both sides — relatives of Fatima Jinnah (plaintiffs) and the Shireen Jinnah Charitable Trust (defendants) — had informed the bench that they had considered the matter and progressed to amicably settle the long-standing dispute with regard to the property left by Miss Jinnah, and had exchanged certain proposals.

A provincial law officer also submitted that now both sides were moving towards implementation of the wishes of late Miss Jinnah as translated through the trust deed where it was desired that the premises of Qasr-e-Fatima will be used for the establishment of a modern medical college exclusively for girls and an attached hospital for free treatment of underprivileged persons/patients.

Thereafter, the bench had asked the provincial law officer to go through the various orders of the court and file a statement as to what assistance could be provided to achieve the ends of using the property in question as per the desires of its owners Fatima Jinnah and Shireen Jinnah.