SHC issues notices on appeal against conversion of Qasr-e-Fatima into medical college

The Sindh High Court’s appellant bench issued notices to Shireen Jinnah Charitable Trust and others on an appeal of nine residents of the old Clifton area against a single judge order with regard to the conversion of the estate of Mohtarma Fatima Jinnah known as Qasr-e-Fatima (formerly Mohatta Palace) into a modern medical and dental college for girls.

Being aggrieved with the order of the single bench, the appellants, who claimed to be neighbouring residents of the Qasr-e-Fatima, submitted that the court had approved a proposal for the conversion of the premises to girl medical college. Their counsel submitted that the property was a heritage property and situated in a residential area, and it could not be used for any other purposes except for residential.

A division bench, headed by Justice Aqeel Ahmed Abbasi, questioned the maintainability of the appeal as the appellants were not parties to the plaint. The appellants’ counsel said two other identical appeals had been fixed for a hearing against the single bench order and requested the court to fix the matter with these appeals. The court issued notices to the defendants, subject to the maintainability of the appeal, and fixed the matter for November 18.

The high court’s appellate bench had earlier restrained the authorities from transferring the premises of Qasr-e- Fatima to the official assignee on Sindh government’s cultural department appeal against a single judge order with regard to the conversion of Qasr-e-Fatima to a modern medical and dental college for girls.

The single bench had ordered the conversion of the estate of Mohtarma Fatima Jinnah known as Qasr-e-Fatima (formerly Mohatta Palace) into a modern medical and dental college for girls. The lawsuit was filed by 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 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.