SHC suggests names of trustees to set up college at Qasr-e-Fatima

The Sindh High Court (SHC) on Wednesday ordered that the estate of Mohtarma Fatima Jinnah known as Qasr-e-Fatima (formerly Mohatta Palace) will be used as a modern medical and dental college for girls, and suggested names of trustees for the execution of the trust deed.

The direction came on a lawsuit, which was filed by the relatives of Fatima Jinnah, pertaining to the administration of her movable and immovable properties that had been pending in court since the 1970s.

The litigation had been initiated following the awarding of the succession certificate to Shireen Jinnah, the only surviving sister of Fatima Jinnah, after her death on July 10, 1967.

The SHC was informed that Fatima Jinnah’s relatives and the Shireen Jinnah Charitable Trust had considered the matter and progressed to amicably settling the long-standing dispute with regard to the property left by Fatima Jinnah, and had exchanged certain proposals.

The court was informed that the parties had decided to implement the wishes of Shireen Jinnah, as translated through the trust deed, in which it had been desired that Qasr-e-Fatima’s premises would be used for establishing a modern medical college exclusively for girls, with an attached hospital offering free treatment to the poor.

The court suggested the names of Dr Abdul Bari Khan, Dr Adib Rizvi, Justice (retd) Sarmad Jalal Osmany, Justice (retd) Faheem Siddiqui and the plaintiff as trustees to establish the medical college, but made it clear that the trustees’ names would be included with their approval.

The court observed that the counsels of all the parties may approach the people for their inclusion as trustees. The court directed the official assignee to submit the details of the articles available at the property on the next date of hearing.

The court also directed the heritage department to submit the details of the income received from the estate during the last 30 years. The court observed that the names of all the legal heirs of Fatima Jinnah be included on a plaque that would be displayed at the medical college.

The SHC had also directed the Nazir of the court to submit a report on the sums received by him on various dates, the investment thereof in the government securities and the profit accrued thereon till date.

The Nazir had informed the court that the principal profit accrued on the Defence Savings Certificates (DSCs) was Rs608,500 till November 2, 2004, and on the Special Saving Certificates (SSCs) it was Rs399,959,500 till January 16, 2013.

The Nazir’s report that was submitted on September 30, 2015, had stated that the profit on the DSCs was due for a period of 10 years, and on the SSCs for a period of two and a half years.

In a previous order the high court had granted the request of the plaintiff’s counsel with regard to calling the property Qasr-e-Fatima instead of Mohatta Palace in government documents.

The court had ordered the provincial government and other defendants to ensure that the said property continued to be named, tagged, labelled and described as only Qasr-e-Fatima, and all the documents wherein any other name was used to describe the said property should be corrected.