SHC reserves order in Hindu Gymkhana case
Culture ministry says agreement breached, Napa disagrees.
KARACHI:
The National Academy of Performing Arts (Napa) has filed a constitutional petition in the Sindh High Court against the Sindh government’s decision to take over the Hindu Gymkhana in Karachi, which is the current ‘campus’ of the institute.
Musician Arshad Mehmood with Napa CEO Zia Mohyeddin moved the SHC against the provincial ministry of culture, tourism and social welfare. They submitted that Napa, with over 200 students enrolled, was striving to promote the performing arts. Napa had planned to set up a theatre under a UAE-funded project worth Rs120 million.
A building plan was approved by the then Karachi Building Control Authority but the government ended the lease, alleging that Napa breached the agreement because of an ‘illegal construction’ at the Hindu Gymkhana.
The petitioners maintain that no violation of the Heritage Act 1994 was committed and appealed to the court to set aside the government’s order of taking over the gymkhana.
On Thursday, the SHC division bench, comprising Chief Justice Mushir Alam and Justice Syed Hasan Azhar Rizvi, heard arguments from the provincial law officer and the petitioners’ counsel and reserved an order.
Meanwhile, the same bench adjourned the hearing of another petition filed by a Hindu welfare organisation, praying the court that the possession of the gymkhana should be handed over to the Hindu community.
According to the organisation, the gymkhana building was established for the promotion of social, religious activities of Hindus, but the government took it over as an evacuee trust property. It submitted that the building was declared a heritage site, but the Sindh culture department leased it to Napa for 30 years, which, in violation of the agreement, started constructing an auditorium adjacent to the building.
The bench put off the hearing till the courts reopen after the summer break.
Published in The Express Tribune, May 27th, 2011.
The National Academy of Performing Arts (Napa) has filed a constitutional petition in the Sindh High Court against the Sindh government’s decision to take over the Hindu Gymkhana in Karachi, which is the current ‘campus’ of the institute.
Musician Arshad Mehmood with Napa CEO Zia Mohyeddin moved the SHC against the provincial ministry of culture, tourism and social welfare. They submitted that Napa, with over 200 students enrolled, was striving to promote the performing arts. Napa had planned to set up a theatre under a UAE-funded project worth Rs120 million.
A building plan was approved by the then Karachi Building Control Authority but the government ended the lease, alleging that Napa breached the agreement because of an ‘illegal construction’ at the Hindu Gymkhana.
The petitioners maintain that no violation of the Heritage Act 1994 was committed and appealed to the court to set aside the government’s order of taking over the gymkhana.
On Thursday, the SHC division bench, comprising Chief Justice Mushir Alam and Justice Syed Hasan Azhar Rizvi, heard arguments from the provincial law officer and the petitioners’ counsel and reserved an order.
Meanwhile, the same bench adjourned the hearing of another petition filed by a Hindu welfare organisation, praying the court that the possession of the gymkhana should be handed over to the Hindu community.
According to the organisation, the gymkhana building was established for the promotion of social, religious activities of Hindus, but the government took it over as an evacuee trust property. It submitted that the building was declared a heritage site, but the Sindh culture department leased it to Napa for 30 years, which, in violation of the agreement, started constructing an auditorium adjacent to the building.
The bench put off the hearing till the courts reopen after the summer break.
Published in The Express Tribune, May 27th, 2011.