The Sindh High Court (SHC) on Monday restrained the Anti-Corruption Establishment (ACE) from taking any coercive action against a director of the Sindh Building Control Authority (SBCA), who is facing charges pertaining to demolition of a heritage building, Kharas House, located in the Clifton area.
The interim order came on the petition of Ashfaq Hussain who challenged the Karachi commissioner’s inquiry report and registration of FIR against him and others under the Sindh Cultural Heritage (preservation) Act along with initiation of proceedings under the anti-corruption laws for misuse of authority.
The commissioner in the inquiry report had recommended criminal action against SBCA officials and owner of the property after finding severe irregularities, deliberate violations and a nexus between government officials and the private owner aimed at the unlawful demolition of the heritage building.
The inquiry report had revealed that the SBCA in a blatant disregard for the law issued a demolition permit without consulting the heritage department, thereby violating mandatory legal procedures.
A counsel for the petitioner submitted that the commissioner’s inquiry was unlawful as mandatory requirements had been fulfilled prior to the issuance of the demolition order. He also questioned the initiation of inquiry by the Anti-Corruption Establishment on the issue and submitted that ACE did not have the authority to proceed with the matter.
He submitted that the high court had also issued an interim order in another petition in the instant case and requested the SHC to set aside the commissioner’s inquiry report and restrain ACE from initiating proceedings in the matter.
A division bench of the SHC headed by Justice Zafar Ahmed Rajput after a preliminary hearing of the petition issued notices to the advocate general, prosecutor general and others and in the meantime, restrained ACE from taking any coercive action against the petitioner till the next date of hearing.
It is pertinent to mention that Kharas House, located at Plot No. FT-4/14, Bath Island Road, Clifton, was earlier declared a protected heritage property in 2018 under the Sindh Cultural Heritage (Preservation) Act. The owner had initiated process for demolition of the building due to its dilapidated structure. The commissioner’s inquiry found that the SBCA technical committee on dangerous buildings initiated the demolition process on January 4, 2024, without involving professional regulatory bodies.
