KARACHI, May 21: The Sindh High Court ordered on Tuesday restoration of possession of Bhopal House to Shaharyar M. Khan, legal heir to the late Begum Abida Sultaan, after the contemners offered unconditional apology for forcibly dispossessing the plaintiff of the property.
Justice Zahid Kurban Alavi passed the order when the contempt application of the late Begum Abida Sultaan came up for consideration.
In the light of the court’s order Shaharyar M. Khan was handed over possession of Bhopal House in the afternoon.
When the matter came up before the court, surprisingly Barrister Aitzaz Ahsan stood up on behalf of the alleged contemners, Muhammad Mushtaq, executive engineer, and Iftekhar Ahmed, assistant executive engineer, and pleaded that “due to certain misunderstanding a wrong was done.”
Mr Ahsan submitted that in order to rectify the wrong the contemners, who were present in the court, were prepared to immediately restore and hand over the possession back to the plaintiff’s son, Shaharyar M. Khan.
He also submitted that this was being done without conceding on the plaintiff’s claim to the title of the property. It was also submitted that the evidence should be recorded and completed at the earliest so that the long- outstanding matter could be resolved and disposed of.
On May 14, a day before the Qul of the late Begum Abida Sultaan of Bhopal, the occupants of Bhopal House in Clifton were evicted by force at the behest of the Intelligence Bureau.
On May 15, Muhammad Mushtaq, Executive Engineer, PWD, the defendant No 3, had submitted before Justice Alavi that he had received instructions from the federal ministries of law and housing and works.
The contemner had further submitted that he was fully aware that there might be a possible contempt to which he was given assurance by the competent authority to defend him.
It was the case of the plaintiff that the house was the property of Nawab Hamidullah Khan, Nawab of Bhopal, where the IB had set up its office in the annexe. The plaintiff had shown various documents to disprove the claims of the federal government’s agency.
The ministry of housing and works had claimed that the said property was “purchased by the Government of Pakistan from the Nawab of Bhopal for a consideration of Rs450,000 in 1958.” But a message faxed by the Press Information Department had stated that the “building had been in possession of the Government of Pakistan as an evacuee property since 1947, without any objection from the claimant or anyone on his behalf uptil 1992.”
Abdul Hafeez Pirzada, counsel for the plaintiff, briefly narrated the facts leading to the unfortunate incident. According to him, in spite of orders passed by this court an action had been taken which was contrary to the statement and undertaking given by the defendants that no action should be taken against the plaintiff, but only through due process of law. Deploring the action of the contemners, Mr Pirzada advocated for prosecuting them.
When Mr Ahsan offered unconditional apology to the court on behalf of the contemners, Justice Alavi asked for Mr Shaharyar Khan’s views.
As Mr Khan magnanimously expressed his satisfaction with the unconditional apology given by the contemners, Justice Alavi accepted the unconditional apology.
He also ordered restoration of possession of Bhopal House to the plaintiff’s son, in the course of the day, and also told the plaintiff to move amended title of the plaint so as to bring the legal heirs on record.
Thereafter, the matter which was already pending before Abdul Aziz Memon, advocate/ commissioner, for recording of evidence, should be sent back to him and evidence be recorded and completed within one month, Justice Alavi ordered.
Mr Khan later said: “I am deeply gratified at the decision of the court.” He said a close relation of his, with his family, was staying in Bhopal House before it was sealed.