Sindh govt seeks contempt proceedings against Aisha Bawany Trust
Trustees flouted high court's order, failed to open college premises
KARACHI:
As students and teachers continued their protest against the sealing of the Aisha Bawany College premises, the Sindh government sought contempt of court proceedings against the Aisha Bawany Trust for flouting the court's order to reopen the educational institute.
The contempt of court order application was filed by the provincial law officer before a single bench, headed by Justice Fahim Ahmed Siddiqui, who had on Saturday suspended the lower court's order to seal the premises.
The law officer said the court had on September 16 suspended operation of the order passed by a civil judge regarding the sealing of the college's premises in a rent application filed by the trust over its dispute with the education department on the payment of rent.
SHC orders immediate reopening of Karachi's Aisha Bawany College
The court was told that the Aisha Bawany Trust was shown a copy of the high court's order to de-seal the college. It was alleged that the trustees willfully and deliberately did not comply with the court's order and would not reopen the premises to resume educational activities.
Therefore, the court was pleaded to initiate contempt of court proceedings against the trustees.
The contempt plea is scheduled to be taken up today (Tuesday).
Trust's dissolution sought
Meanwhile, a two-judge bench has already issued notices to the Aisha Bawany Trust and other respondents on a petition filed by the provincial government seeking the dissolution of the trust, following the dispute over the sealing of the premises of Aisha Bawany College.
Issuing notices on Friday, the bench directed them to file their replies by the next date of the hearing, which will be notified later by the office.
Karachi's Aisha Bawany College remains sealed despite SHC, CM orders to reopen it
The advocate-general (AG), Barrister Zamir Ghumro, said the government had leased more than three acres of land to the Aisha Bawany Trust in 1958. He said the school and college set-up on the land by the trust were nationalised in 1972. He said that when educational institutes were later denationalised, the lease period of the land had expired.
The law officer alleged that the trust illegally occupied the land in question in 1984.
The AG said that at present, none of the members of the Bawany family are members of the Aisha Bawany Trust. Therefore, he pleaded to the court to order the dissolution of the current board of trustees and a new one be formed. He also pleaded to the court to order an audit of the trust's accounts.
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The trustees of the college had approached the court over confusion of its ownership after denationalisation of the same. They had approached the civil court to seal the college building.
Following denationalisation, schools and colleges were handed back to the provincial education department.
In 1990, the trust obtained an extension in the lease of the subject land for 30 years. In 2005, the trust initiated litigation against the Sindh government to seek possession of the land.
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The government argued that the trust's lawsuit for land ownership and possession was not maintainable before the civil court, which had no jurisdiction to hear and decide the matter after the promulgation of the Martial Law Regulation.
However, the trust obtained a decree in its favour on December 8, 2011 and initiated execution proceedings.
As students and teachers continued their protest against the sealing of the Aisha Bawany College premises, the Sindh government sought contempt of court proceedings against the Aisha Bawany Trust for flouting the court's order to reopen the educational institute.
The contempt of court order application was filed by the provincial law officer before a single bench, headed by Justice Fahim Ahmed Siddiqui, who had on Saturday suspended the lower court's order to seal the premises.
The law officer said the court had on September 16 suspended operation of the order passed by a civil judge regarding the sealing of the college's premises in a rent application filed by the trust over its dispute with the education department on the payment of rent.
SHC orders immediate reopening of Karachi's Aisha Bawany College
The court was told that the Aisha Bawany Trust was shown a copy of the high court's order to de-seal the college. It was alleged that the trustees willfully and deliberately did not comply with the court's order and would not reopen the premises to resume educational activities.
Therefore, the court was pleaded to initiate contempt of court proceedings against the trustees.
The contempt plea is scheduled to be taken up today (Tuesday).
Trust's dissolution sought
Meanwhile, a two-judge bench has already issued notices to the Aisha Bawany Trust and other respondents on a petition filed by the provincial government seeking the dissolution of the trust, following the dispute over the sealing of the premises of Aisha Bawany College.
Issuing notices on Friday, the bench directed them to file their replies by the next date of the hearing, which will be notified later by the office.
Karachi's Aisha Bawany College remains sealed despite SHC, CM orders to reopen it
The advocate-general (AG), Barrister Zamir Ghumro, said the government had leased more than three acres of land to the Aisha Bawany Trust in 1958. He said the school and college set-up on the land by the trust were nationalised in 1972. He said that when educational institutes were later denationalised, the lease period of the land had expired.
The law officer alleged that the trust illegally occupied the land in question in 1984.
The AG said that at present, none of the members of the Bawany family are members of the Aisha Bawany Trust. Therefore, he pleaded to the court to order the dissolution of the current board of trustees and a new one be formed. He also pleaded to the court to order an audit of the trust's accounts.
College teachers to protest new HED policy today
The trustees of the college had approached the court over confusion of its ownership after denationalisation of the same. They had approached the civil court to seal the college building.
Following denationalisation, schools and colleges were handed back to the provincial education department.
In 1990, the trust obtained an extension in the lease of the subject land for 30 years. In 2005, the trust initiated litigation against the Sindh government to seek possession of the land.
Govt school teachers renew protest for salaries
The government argued that the trust's lawsuit for land ownership and possession was not maintainable before the civil court, which had no jurisdiction to hear and decide the matter after the promulgation of the Martial Law Regulation.
However, the trust obtained a decree in its favour on December 8, 2011 and initiated execution proceedings.