KARACHI: The litigation involving a dispute over the ownership of the piece of land on which a shopping mall was built in 1980s after demolishing a Jewish synagogue, is pending adjudication in the Sindh High Court for want of representation, it has emerged.

The litigation was initiated by the Bene Israel Trust, claiming to be a Jewish social welfare body, by instituting a lawsuit in the SHC back in 2014.

In the lawsuit, the plaintiff had requested the SHC to take control of the property so that it can maintain the land of the place of worship.

The Bene Israeli community reportedly comprised Jews who were traditionally found in Konkan, roughly the coastal region of Goa and had moved to Karachi.

The trust’s attorney, Muhammad Mahmood, submitted in the lawsuit that there used to be a synagogue bearing Survey No. RC-3, measuring 1,190 square yards, located in Ranchore Line Quarters. It was reportedly built in 1893.

The trust submitted that the synagogue was built for the sole purpose and objective of performing worship, which is the right of members of a minority community. It has been replaced with the Khurrum Shopping Mall.

At one point, the plaintiff argued that the then Court of the Judicial Commissioner of Sindh had officially recognised the estate and declared that one of the Jewish community’s last known surviving members, Ephraim Joseph, would manage the property of the trust and operate its account in Grindlays Bank.

The trust submitted that Mr Joseph was appointed administrator of the subject property, but he died on May 12, 1987. After his death, his sister, R. Rachel Joseph, became the last known survivor of the community in the country, it added.

The trust submitted that Ms Joseph went to the court of an additional district and sessions judge, urging it to declare her the new administrator as she wanted to manage and run the affairs of the property of the synagogue. The sessions’ court had ruled in her favour and she was allowed to manage the property.

However, the trust alleged, she subsequently allowed commercial construction to take place in violation of the law.

That trust’s lawyer argued that under the Protection of Communal Properties of Minorities Ordinance, 2001 Ms Rachel would have had to, under Section 3(b), acquire a no-objection certificate from the federal government if she wanted to sell or transfer the property belonging to a minority community.

It was argued that under Section 2(b) the synagogue’s property must be protected and preserved.

“On the synagogue property a commercial shopping mall has been built, which is a violation of the provisions of the ordinance that provides for protecting and preserving the places of worship of minority communities,” the trust said.

The trust has requested the court to appoint its Nazir to take over the property so that it can be protected and preserved.

The court was requested to instruct the Nazir to obtain the record of the tenancy to ensure that the money generated from it would be used for the benefit of the community.

In 2014, an SHC bench passed an interim stay order, directing the parties to restrain from creating a third-party interest in respect of the subject property.

The stay order is still in the field. However, the trust’s lawyer, Habib-ur-Rehman, passed away last year, his associate Ms Zartaj told Dawn. “Ever since, we have been repeatedly issuing notices to the attorney of the lawsuit, Muhammad Mahmood, to seek instruction from his client as to further pursue the matter or not. But, he is not turning up,” she added.

Dawn made several phone calls to Mr Mahmood, but he did not respond.

Published in Dawn, February 1st, 2021