SHC wants suit for administration of Jinnah’s estate to be decided for further legal action

KARACHI: The Sindh High Court on Thursday observed that it wanted the suit for administration of the estate of Quaid-e-Azam Muhammad Ali Jinnah and Fatima Jinnah to be decided after which appeals against final judgment could be filed.

The observation came from a two-judge bench, headed by Justice Aqeel Ahmed Abbasi, while hearing three appeals filed against the October 13 order of a single judge. The bench had ordered the formation of trust for establishing a Medical college for girls at the Mohatta Palace and directed the official assignee to take over the possession of the premises and prepare the inventory of articles present there.

The same bench on November 8, on an appeal of the Sindh government, had suspended October 13 order only to the extent of taking over possession of Mohatta Palace by the official assignee.

Read more: Another appeal filed in Mohatta palace case

At the hearing on Thursday, Justice Aqeel inquired from the defendant’s counsel whether the issues in the suit had been framed and whether the same were still present.

The counsel replied that the issues were very much existent which is why a single-judge bench had formed a commission for locating lost assets and precious belongings of Quaid-e-Azam and Fatima Jinnah.

Barrister Shamsul Islam counsel for defendant Nazish Amir Ali questioned the maintainability of the appeals of Mohatta Gallery Palace Trust and some people living in the neighborhood of Qasr-e-Fatima (Mohata Palace).

The counsel submitted that appellants living near Qasr-e-Fatima were not party in the suit while Mohatta Palace Gallery Trust was not a registered trust.

The bench observed that it wanted the defendant to get the suit finally decided from a single judge.

Read more: SHC restrains court assignee from taking possession of Mohatta Palace

The bench further observed if the appellants as well defendant would agree to the proposition it would pass an order to this effect.

The bench made it clear that only the legal hires of Quaid-e-Azam and Fatima Jinnah will have a final judgment on suit for administration.

The bench adjourned the hearing till December 1.

Initially, suit for administration was instituted on October 29, 1970 by Hussein Ali Walji, first cousin of Fatima Jinnah. Later, Shareen Jinnah also initiated proceedings of inheritance for obtaining her share in Fatima Jinnah’s estate which included moveable and immovable property, jewelry, shares and cash etc.

Read more: Sindh to appeal against SHC decision of converting Mohatta Palace into medical college

In 1979, Shareen Jinnah purportedly, formed a trust for establishing a medical college in the premises of Qasr-e-Fatima commonly known as Mohatta Palace.

The institution of the trust namely Shareen Jinnah Charitable Trust (SJCT) was also contested by Hussein Ali’s successors. The current plaintiff in administration suit Nazish Amir Ali Walji is the grandson of Hussein Ali Walji.