KARACHI, Nov 13: The plaintiff proposed to the Sindh High Court on Thursday ‘radio carbon dating’ of the documents submitted in respect of the former Indian high commission building to ascertain whether they were really executed on or near the dates carried by them.
Advocate Raja Qureshi, counsel for plaintiff, Syed Ali Baqar Naqvi, stated that the dating process could be carried out in the United States at the expense of his client to establish the authenticity of the documents produced by him. Asked by Justice Ataur Rahman, who is seized of the property dispute, whether the process could also distinguish between genuine and fake documents, the counsel said he would explain the entire procedure on Friday.
Advocate-General Anwar Mansoor Khan, who is contesting the plaintiff’s claim on behalf of the main defendant, the government of Sindh, said the counsel should make a formal application instead of a verbal request to enable the court to decide whether ‘carbon dating’ of documents was necessary in view of the material already before it.
Assisted by Additional Advocate-General M. Ahmed Pirzada, the advocate-general earlier explained how the disputed property, plot number 63 and 63/1 (measuring 3883 square yards), old Clifton, came into the possession and ownership of the Indian government. It was first leased out to Parmanand Kundaumal by the Karachi Municipal Corporation in 1946, who alienated it in favour of Mr and Mrs N. E. Supariwala. The Supariwalas sold it to the Indian government, which needed premises for its high commission in the then federal capital (Karachi), in 1950. The deed was executed in the name of the then Indian president, Dr Rajendra Prasad.
The AG reiterated that the Indian president never executed a power of attorney or conveyance deed in favour of Ms Lateefan Begum. Referring to the a document produced by the plaintiff, he pointed out that it carried the citation ‘the President of India, resident of 63,63/1, Old Clifton, Karachi’. The fact, the AG said, was that the Indian president never resided in the disputed property. He did not own or possess the property personally and never came to Pakistan to execute powers of attorney or conveyance deeds.
The AG also reasserted that all subsequent transactions in respect of the disputed property emanating from Ms Lateefan Begum were fake and bogus. Fraudulent transactions and fabricated documents were sought to be legalized through the process of law. Only the dates and registration number tallied with the official record, while the contents of the documents were entirely different and related to properties as far away from the disputed building as Dadu.
Referring to the contention of defendant Karim Ghulam Hussain Jiva’s counsel, Suleiman Habibullah, that the government did not get a case registered against the forgers who fabricated documents relating to a foreign property, the AG said the government had all the authority to take action.
However, it must first have the bogus documents rejected by the court. The plaintiff and defendant Karim Jiva, he said, have initiated collusive litigation to have their wrongful titles regularized. The proceedings would continue on Friday.
































