KARACHI: The Sindh High Court has directed the Auqaf secretary to ensure that the auction process of all properties under the jurisdiction of his department is conducted through open competitive procedures and free from any undue influence or occupation.

The SHC also ordered the board of revenue and all the deputy commissioners in the province to take immediate and decisive action for accurate mutations of properties belonging to Auqaf department, including shrines, with proper demarcation.

A two-judge bench headed by Justice Salahuddin Panhwar expressed surprise after it was informed that income earned from different properties of the Auqaf department was deposited into the account of the province rather than being maintained separately to provide for welfare and education.

The secretary of the Auqaf department undertook to formulate and submit a comprehensive policy detailing the establishment of distinct accounts for each shrine or educational institution located in various districts.

The bench was hearing a petition filed by the Majlis-Tib-Wa-Adab Pakistan against the secretary of the Auqaf department and other officials regarding a property dispute.

At the outset of the hearing, the secretary of the Auqaf department, Munawar Ali Mahesar, filed reports and statements in the light of the last court orders about the details of properties and their auction as well as the sanctioned budget for Urs.

The bench noted that 3,113 properties belonging to the Auqaf department were listed in the reports/statements, including commercial properties as well as madressahs, and musafirkhanas. The statements also provided details of agricultural land measuring 11,025-25 acres in terms of the details of donors (who dedicated land), along with the purpose of the donation. Over Rs122 million had been allocated for Urs during the last five years.

The secretary stated that the Auqaf department used to lease out urban properties and agricultural land through public auction but sought more time to place on record the details of the last ten years regarding all these properties rented or leased out to different persons. He further admitted that the amount received by the Auqaf department was directly deposited into account no.1 of the province of Sindh and his department was operating as per the yearly budget allocated to them.

The bench observed that in agricultural land there were two sets of properties: one set dedicated to education and the second set dedicated to the welfare of shrines. It found the secretary’s justification shocking, questioning under what authority the income earned from the different properties dedicated for specific purposes could be deposited in a provincial government account.

The bench suggested that such income should be utilised for scholarships for higher education in agriculture, the establishment of Sufism academies, and maintaining shrines while accommodating visitors with basic facilities. The secretary assured the bench that a comprehensive policy would be formulated detailing the establishment of distinct accounts for each shrine or educational institution located in various districts.

It directed the secretary of the Auqaf department to ensure full transparency and accessibility regarding the properties owned by the department. This step is not merely a procedural formality but a significant move towards fostering trust and accountability. The bench in its order said, “It is pertinent to mention that, to prevent any disputes in the future and maintain transparency, all properties under the jurisdiction of the Auqaf department shall be auctioned through open competitive procedures.”

The bench directed the chief secretary and Senior Member BoR to ensure strict compliance with this order in its entirety and asked the Member Inspection Team (MIT-II) of SHC to ensure the submission of a comprehensive compliance report.

It also directed the secretary and director of the Auqaf department to ensure their presence on the next hearing, to be fixed in the second week of August.

Published in Dawn, June 4th, 2024