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KARACHI, Sept 12: The Sindh High Court sought on Tuesday comments from the city district, provincial and federal governments on the expansion of the existing National Museum or a new site for an expanded museum to house and display antiques stored in the museum or kept at different places for want of space.
A writ petition was moved in 2002 by Fahim Zaman Khan, former administrator of the (defunct) Karachi Metropolitan Corporation, and some senior citizens initially to challenge the reported shifting of certain antiquities and relics belonging to the Quaid-i-Azam from Karachi to Islamabad.
The high court restrained the authorities from transferring any objects except for exhibition for a specific period, with the shifting of articles meticulously recorded along with the dates of removal and return.
It transpired during the proceedings that that the relics belonging to the Quaid and his sister, Mohtrama Fatima Jinnah, were displayed or stored at different places and the National Museum at Burns Garden had not had enough space to display all the articles in its custody.
The court ordered the local, provincial and federal authorities concerned to find a way out to properly display all the objects of antiquity stored at various places. Among the options was expansion of the existing National Museum or location of a new site for an expanded museum.
A division bench, comprising Justices Sarmad Jalal Osmany and Ali Sain Dino Metlo, issued a notice to the city district government when a National Museum official told it on Aug 8 that the Burns Garden belonged to the CDGK and that the Archaeology Department could not build any other building on the premises for the purpose of displaying antiquities kept in reserve.
CDGK counsel Manzoor Ahmed appeared on Tuesday and submitted that the museum was situated in a congested area surrounded by educational and commercial institutions and organizations. There was a park adjacent to it and any expansion would create problems for the public. The Fayzee Raheeman art gallery was also not available for expansion. The court summoned the CDGK’s executive district officer for community on Sept 19 and also issued notices to other authorities concerned for that date in order to resolve the matter.
Appeal against decree: A guarantor mortgaging his property to ensure repayment of a loan taken by another is liable to the extent of the amount mentioned in the mortgage documents, according to a Sindh High Court division bench order.
The ruling came on an appeal moved by legal heirs of a mortgagor against a banking court decree. The appellants submitted through Advocate Mukhtar Ahmed Kober that the impugned judgment and decree exceeded the amount specified in the memorandum or deposit of title deed and other documents creating the mortgage. The liability of a guarantor-mortgagor could not be equivalent to that of the principal borrower. The former is liable only to the extent of the ‘mortgage money’ irrespective of the overall liability of the principal borrower. A division bench, comprising Justices Anwar Zaheer Jamali and Syed Zawwar Hussain Jaffery, upheld the contention raised by the counsel.
BIZERTA LINES: The bench will, meanwhile, commence hearing of an appeal moved by the Army Welfare Trust against the reopening of a road on land leased out to it. The road was opened at the request of certain residents of the neighborhood, who said the closure of the road caused hardship to them. A single judge allowed their plea and the trust challenged the order in appeal. The appeal came up for hearing on Tuesday but the bench decided to conduct a detailed hearing on Wednesday.
It adjourned the hearing of a lawyer’s plea against misconduct of an inquiry into axing of mangrove trees to reclaim and occupy land by certain people at Keamari. The deputy district officer (Revenue), Keamari Town, was appointed inquiry officer. The complainants’ counsel, Shakeel Ahmed, however, alleged that the DDO was hands in glove with the offenders and conducted the inquiry proceedings without associating him or his client with it.
The bench expressed the view that the DDO could be asked to hold a fresh inquiry in a proper manner but Advocate Shakeel Ahmed argued that the proposed order would allow the official to go scot-free.
He said he should be allowed to file comments to belie the assertions made by the DDO. As for a fresh inquiry, the lawyer said, he needed time to consider it. The bench adjourned the hearing to Sept 19.
Notice issued: The Sindh High Court on Tuesday issued preadmission notices to the education department and other respondents in a writ petition moved by an assistant professor against the authorities’ decision to send him on forced leave.
Petitioner Liaqat Ali Ghangro, assistant professor, Government Commerce College, and an office-bearer of the Sindh Professors and Lecturers Association, submitted through Advocate Rasheed A. Razvi that he was sent on forced leave on Aug 23 without being assigned any reason. However, he was issued a show cause notice under Section 4 of the Removal from Service (Special Powers) Ordinance, 2000, on Aug 28 to explain why he should not be penalized for participating in a public protest against the recently-imposed ban on teachers’ associations and unions.
Advocate Razvi argued before a division bench, comprising Justices Anwar Zaheer Jamali and Mohammad Afzal Soomro, that the matter agitated in the petition did not fall within the purview of the provincial service tribunal and was not hit by Article 212 of the Constitution, which barred the jurisdiction of courts from service matters. The petitioner, the counsel argued, had been punished by being sent on forced leave before being issued a show cause notice. The bench issued preadmission notices to the respondents for Sept 19.
