KARACHI, May 15: Eight eminent professors, scholars and intellectuals of Sindh, on Wednesday, filed a constitutional petition in the Sindh High Court challenging the shifting of the offices of Director-General, Archaeology, National Museum; Central Archaeological Library and antiquities from Karachi to Lahore.

The petition drafted and filed by Iqbal Haider, Senior Advocate, Supreme Court, is fixed on Thursday for preliminary hearing before a division bench comprising Chief Justice of the SHC, Justice Saiyed Saeed Ashhad and Justice Ghulam Rabbani.

Other petitioners are Fahim Zaman Khan, Professor Riazul Islam, Sirajul Haque, Amar Jaleel, Mohammad Suleman Shaikh, Shehnaz Ismail, Shaikh Khursheed Hassan and Bader Abro.

The Government of Pakistan, through Secretary Ministry of Sports, Culture and Tourism, Islamabad; Director-General, Department of Archaeology and Museum; Deputy Director (Admin) Department of Archaeology; Government of Sindh, through its Secretary, Department of Culture, Tourism, Sports and Social Welfare, Sindh Secretariat, are all respondents in addition to the United Nations Educational Scientific and Cultural Organization (Proforma Respondent).

It is the case of the petitioners that the issue of transfer of the Central Archaeological Library and the antiquities being maintained at the Exploration and Excavation Branch at Karachi by Respondent Nos 1 and 2 had surfaced from time to time in the past.

The then Governor of Sindh, in 1996, and the concerned representatives of the federal and provincial governments had, after thorough deliberations and due consideration, decided that the offices of Respondent No 2, of library and antiquities being maintained by them, should continue to be located in their present premises at Karachi, as shifting of the same would be against national interest, provincial autonomy and fundamental rights of the people of Sindh.

Keeping in consideration the sensitivities, interest and aspirations of the people of smaller provinces, the subsequent federal government had decided, in principle, in 1998, to hand over to the respective provinces, the protected sites of archaeological and heritage importance, including libraries, the petitioners claimed.

In pursuance of this policy decision of the government, a restructuring committee was constituted and meetings of this committee were held despite change of government in Oct 1999, with a view to identify all such archaeological sites, antiquities and libraries.

It is their case that in violation of the aforesaid policy decisions, the staff working in the office of Respondent No 2 were shocked to learn about the proposal being considered to shift the offices and the staff working therein, to Lahore.

The petitioners maintained that the people of Sindh, in general, and the petitioners, academicians, scholars, thinkers, users and beneficiaries, in particular, were aggrieved and disappointed by the impugned order.

The petitioners have also noted that the government of Sindh also expressed serious concern against the shifting of the aforesaid from Karachi to Lahore. Ashiq Hussain Memon, Secretary Culture to the Sindh government, vide his letter dated May 10, had requested the Federal Secretary, Ministry of Culture, to withdraw this decision.

In an attempt to pacify the people of Sindh, the Federal Minister for Information, Nisar A.Memon, stated on May 12: “I have spoken to the Minister for Culture, S.K. Tressler, on phone in Islamabad who told me that no artifacts in Karachi are being shifted to Lahore or Islamabad. Only the Director-General, Archaeology Department, is being moved from Karachi to Lahore, and as such he will be taking files and necessary documents with him to his new office.”

The unofficial contradiction by the federal minister was directly in conflict and contrary to what was stated in the official clarification issued by the Department of Archaeology of Respondent No 1, which was released by the government-owned wire service on May 11.

According to the petitioners, it was obvious from the wording of the impugned decision and the clarification that the respondents were either completely ignorant about the provisions of the Antiquities Act 1975, the restrictions, rules and regulations prescribed by various conventions of UNESCO about preservation, use, packing and transfer of heritage sites and antiquities, or that the respondents had no respect of regard for the same and no hesitations in violating the aforesaid.

It is their case that the Lahore Fort has been declared as a World Heritage Sites by UNESCO.

Under the convention, such sites cannot be used, repaired or altered except for the purpose and in the manner as originally specified.

In any event, the Lahore Fort has no space available for the shifting of the offices of Respondent No 2, its staff and to accommodate the library or antiquities.

Besides, the environmental conditions resulting from seepage, moisture, dampness, growth of fungus and surfacing of harmful salts have promoted biological agents which have caused rapid decay and damage to the Lahore Fort, in particular its underground chambers which are unfit for storage of the antiquities and books in question.

The decision was also being condemned by all sections of the public, particularly the scholars, historians, intellectuals and political leaders of Sindh, including the Shah Abdul Latif Bhitai Chair of the Karachi University.

Being aggrieved and dissatisfied with the aforesaid impugned order, it was imperative for the petitioners to invoke the extraordinary constitutional jurisdiction of this court.

The grounds on which the petition has been filed include:

i) The aforesaid impugned orders have been issued by Respondent Nos 3 and 2, without any jurisdiction or lawful authority, and in violation of the Rules of Business of the Government of Pakistan.

ii) Respondent Nos 1 to 3 have no lawful power or authority to issue any order or instructions in violation or repugnant to the earlier decisions of the federal government taken in the year 1995-96 and in 1998, whereby the proposed shifting of the offices of Respondent No 2, library and antiquities was not authorized by the concerned competent authorities.

iii) The impugned decisions are directly in conflict and contrary to the decision and policy specified by the federal government in 1998, to decentralize the administration and control of the protected archaeological sites, and to hand over the same to the respective provincial governments for protection through their own department of archaeology. Even the present government continues to pursue the same decision and policy.

iv) The aforesaid impugned orders are physically impossible to implement in the short time of 12 days.

v) The undue haste being shown by Respondent Nos 1 to 3 in the shifting of the offices, libraries and antiquities exposed their ulterior, malafide motives and intentions which were obviously illegal and immoral, as well as against the very interest of national heritage. The lawful, bonafide and prudent manner and procedure involves precautionary and protective measures.

The petitioners have prayed for declaring the impugned orders as without jurisdiction or lawful authority, illegal, void and of no lawful effect. They have also prayed for restraining the respondents permanently from shifting or transferring the offices of Respondent No 2, the Central Archaeological Library and the antiquities placed at Exploration and Excavation Branch from Karachi to any other province.