LAHORE, June 9: The senior civil judge on Monday extended till June 12 the stay granted against further sale and transfer of the Forman Christian College, and directed both the petitioner and the FCC’s sitting principal to furnish documentary proof regarding the status of the Presbyterian Church, USA.

The Lahore Church Council of the United Church had filed a suit for the possession of the FCC, alleging that college Principal Peter H Armacost and Saleem Bhatti misrepresented the defunct Presbyterian Church, USA, which had already been merged in the LCCUC. They allegedly forged power of attorney in their favour and posed themselves as the representatives of the defunct church to get the possession of the FCC from the provincial government on March 27, 2003.

The LCCUC had also alleged that the sitting principal and the Presbyterian Church wanted to sell the FCC, spreading over 256 kanals, requesting that they should be restrained from selling, leasing, transferring or pledging the property which was actually owned by it. The court was also requested to declare that the FCC was owned by the LCCUC.

After hearing arguments from both the sides, the court observed that it would like to examine the matter in detail regarding the current status of the Presbyterian Church, USA. The court directed both the parties to file documents in support of their respective claims in the next hearing.

Respondent’ counsel Jamshed Rehmatullah argued that the LCCUC was dissolved in November 1992 after the dissolution of synod of the United Presbyterian Church of Pakistan in August same year. He also submitted that on Aug 25, 1993, the representatives of both the dissolved organizations decided to relinquish their respective titles and form a union known as the Presbyterian Church of Pakistan.

According to the counsel, after the formation of this new body, a filing certificate was issued in its favour by the joint stock companies’ registrar under the Societies Act 1860. “After the amalgamation of the two bodies into PCP and issuance of a filing certificate, the LCCUC stands a non-existent entity which does not have the locus standi to file the current suit,” he said. He argued that the court should decide the matter relating to the maintainability of this suit before proceeding further.

Plaintiff counsel Waheed Anwar denied these submissions, arguing that the LCCUC was still a functioning entity, and was entitled to possess the FCC. He claimed that the filing certificate referred by the respondent counsel had already been cancelled by the civil court and it had no legal recognition. He said the PCB was non-existent after cancellation of the filing certificate.

The court directed the respondent to file the memorandum of the PCP, along with its articles of association, in the next hearing so that its current status could be determined.

The LCCUC has been arguing that it was registered with the registrar of the Punjab Joint Stock Companies in 1932 through a special resolution passed by the local and foreign missionaries and their respective managers. The same year all the church missionary organizations, societies, institutions and groups, excluding Roman Catholic Church, Anglican Church and Salvation Army, were merged in the LCCUC with their properties and funds in pursuance of a memorandum of devolution of missions and church union plan.

The plaintiff claimed that the Presbyterian Churches of North America, working in pre-partitioned India along with the Punjab Mission with its assets, institutions and funds, were also merged in it.

According to the LCCUC, after acquiring the ownership of the FCC, it continued to manage its affairs through its subsidiary board of directors till Oct 1, 1972, when the college was nationalized. Following this, the possession of the college and its management was handed over to the Punjab government by the LCCUC in capacity of its owner and previous management.

The education secretary issued a notification in July 1996, authorizing the provincial government to return the nationalized schools and colleges, along with their existing assets, buildings, furniture and fixtures to their respective previous managements and owners. However, the education secretary, additional secretary and three other officials allegedly turned down the LCCUC’s repeated requests regarding the transfer of the FCC’s possession back to it.

“The possession of the college was handed over to Mr Armacost and the Presbyterian Church by the education department in violation of rules,” the LCCUC alleged.