Commercialisation: Notices issued on legal plea to appoint administrator for synagogue property

Bene Israel Trust wants the court to take over property to protect and preserve it.

KARACHI: The Sindh High Court (SHC) issued on Monday notices to the religious affairs ministry, provincial chief secretary and the Saddar town's sub-registrar on a plea seeking the appointment of an administrator to look after the property where a shopping mall was built after the Jews Magen Shalom Synagogue was demolished in the 1980s.

The federal, provincial and local government authorities and private individuals have been ordered to file their comments by the next date of hearing.

The notices were issued on an application filed by the Bene Israel Trust, a Jewish Trust, striving to get the property of its demolished worship place saved from the private individuals.

The trust claimed that there used to be a synagogue on survey No. RC-3, measuring 1,190 square yards, located in the Ranchore Line Quarters in 1893. The trust says it was built for the sole purpose and object of performing worship, which is a right of the members of a minority community. Following demolition of the synagogue in the 1980s, Khurrum Shopping Mall was later built on the property.

According to the trust, the last known surviving member of the Jewish community in the city, Ephraim Joseph, died on May 12, 1987, after which his sister, R Rachel Joseph, became responsible. She went to the court of an additional district and sessions judge and ask it declare her the new administrator as she wanted to manage and run the affairs of the property.

The court allowed her to manage the synagogue property, and she subsequently allowed the construction to take place, said the trust, adding that this is an alleged violation of the Protection of Communal Properties of Minorities Ordinance, 2001. Rachel would have had to, under Section 3(b), acquire a no-objection certificate from the federal government if she wanted to sell or transfer the property belonging to the minority, it said.

On Monday, the trust's attorney requested the court to appoint its Nazir to take over the property so that it can be protected and preserved. The court was also requested to instruct the Nazir to obtain the record of the tenancy to ensure that the money generated from it is used for the benefit of the community.

Allowing the plea, the court issued notices to the federal religious affairs ministry, the provincial chief secretary, the sub-registrar of the Saddar Town and 13 private individuals to file their comments by the second week of August.

Published in The Express Tribune, May 27^th, 2014.