KARACHI: The Supreme Court on Thursday expressed resentment towards the provincial authorities for allowing the National Academy of Performing Arts (Napa) to carry out construction on the premises of Hindu Gymkhana and summoned the chief secretary and the secretary of culture on next hearing.

A three-judge bench headed by Justice Gulzar Ahmed also questioned the construction of new Sindh Assembly building on the premises of the historic building of the provincial assembly.

Hearing a petition filed by Shree Ratneshwar Mahadev Welfare in 2014 seeking ban on construction on the premises of Hindu Gymkhana, a heritage building [where Napa is located], the bench, comprising Justices Mushir Alam and Sajjad Ali Shah, expressed displeasure with the provincial officials and said how constructions could be allowed on the premises of a heritage building.

Justice Ahmed warned that the time would come when such constructions on the premises of Hindu Gymkhana would be demolished and directed the chief secretary and the secretary of culture to turn up along with their replies at the next hearing.

Sindh Assembly buildings are public places and people can visit them, says apex court judge

Justice Ahmed and Justice Shah remarked that how a new assembly building was raised on the premises of the pre-partition Sindh Assembly building and also questioned the manifold increase in the construction cost of the new building as well as over the height of its surrounding wall, adding that the assembly buildings were public places and public can visit them.

Justice Ahmed further remarked that the national and three provincial assembly buildings as well as the apex court and high courts’ buildings had no such surrounding walls.

A deputy advocate general contended that the new assembly building was constructed due to an increase in the number of provincial assembly members.

Justice Ahmed said that then why a new building had not been built on the premises of the Punjab Assembly building.

The petitioner contended that the heritage site belonged to the Hindu community of Karachi before partition as the gymkhana building was established for the promotion of social and religious activities of Hindus, but the government took it over as an evacuee trust property after partition. Therefore, the petitioner argued that directive may be issued to Napa to vacate the building and hand it over to the Hindu community.

In the last hearing, an additional advocate general submitted that the heritage site was leased to Napa for 30 years in September 2005 and added that the Sindh High Court had also handed down a judgement in favour of Napa as well.

304 people recruited against 27 posts in Mirpurkhas

While suspending an order of the high court, the same bench on Thursday restrained the provincial authorities from employing more staff in the health department in Mirpurkhas district till next hearing.

When a matter about alleged illegal appointments came up for hearing, a deputy advocate general conceded that 304 people were recruited against 27 posts in 2015 in Mirpurkhas and added that since the appointments were illegal, the notification was declared unlawful.

The lawyer for the petitioners argued that it would be unfair to send the recruited employees home.

Justice Shah said that jobs were being offered against money and people were purchasing employment after selling their cattle.

When Justice Shah asked what action was taken against the officials responsible for illegal appointments, the deputy advocate general said that the district health officer, who made recruitments, had retired, adding that a case was registered against the responsible people at the Anti-Corruption Establishment.

The bench through an interim order barred the provincial authorities from making more appointments till next date and directed officials concerned to appear along with detailed comments at next hearing.

Published in Dawn, July 26th, 2019