IN THE SUPREME COURT OF PAKISTAN 
(ORIGINAL JURISDICTION) 
 
 
PRESENT: 
MR. JUSTICE TASSADUQ HUSSAIN JILLANI, HCJ 
MR. JUSTICE ANWAR ZAHEER JAMALI 
MR. JUSTICE KHILJI ARIF HUSSAIN 
 
S.M.C. NO. 01 OF 2014 & 
CIVIL PETITION NO. 20-K OF 2014 
(On appeal from the judgment dated 25.11.2013 
passed by the High Court of Sindh, Karachi in C.P. 
No. D-2267/2007) 
 
Suo moto action regarding suicide 
bomb attack of 22.9.2013 on the 
church in Peshawar 
 
 
 
 
 
 
 
 
(SMC No. 1/2014) 
 
 
 
AND 
 
Shree Ratheshawar Maha Dev  
Welfare Shewa Mandly  
 
 
 
(In CP 20-K/2014) 
… Petitioner 
VERSUS 
 
Province of Sindh and others  
 
 
(In CP 20-K/2014) 
… Respondents 
 
 
In Attendance: 
Mr. Ramesh Kumar Vankwani, Patron, 
Pakistan Hindu Council 
 
Mr. Abdul Fateh Malik, A.G. Sindh 
 
Mr. Adnan Karim, Addl. A.G. Sindh 
 
Mr. Aslam Butt, DAG 
 
Mr. Eijaz Ali Jatoi, A.C. Tando Adam 
 
Mr. Shahid Farooq, Acting Headmaster 
 
Mr. Abdullah Dahri, S.O. Culture 
 
Mr. Bashir Ahmed, Addl. Secretary Culture 
 
Mr. Nadeem A. Sheikh, ASC (Justice 
Helpline) 
 
Mr. Roshan Lal, Mr. Sushi Bhai & Mr. Atam 
Parkash (Prem Prakash Mandal) 
 
Mr. Salem Micheal (Justice Helpline) 
 
Mr. Ravi Dawani, President, All Pakistan 
Hindu Panchayat 
 
Mr. Saleem Javed (for CMS) 
 
Mr. Neil Keshav, ASC & Mr. Mazhar Ali B. 
Chohan, AOR (for petitioner in CP No. 20-
K/2014) 
 
Mr. Makhdoom Ali Khan, Sr. ASC & Mr. 
K.A. Wahab, AOR (for respondent NAPA in 
CP No. 20-K/2014) 
 
 
Date of Hearing:  
27.02.2014 
 
S.M.C. NO. 01 OF 2014 & 
CIVIL PETITION NO. 20-K OF 2014 
2 
ORDER 
 
PREM PRAKASH MANDAL / HINDU ‘ASHARAM’ AT TANDO 
ADAM 
 
 
 
Learned Advocate General Sindh submits that the 
‘Asharam’ within the boundary wall of a primary school in Tando 
Adam has already been declared a cultural heritage and that there 
is no restriction on Hindu community to come and use it as 
‘Asharam’. However, adds on Court query that there is a possibility 
that the said ‘Asharam’ could be given access from independent 
door instead of the community people using the school gate and 
undertakes to have a plan prepared for the proposed access door.  
2. 
 
Mr. 
Shahid 
Farooq 
who 
is 
acting 
Incharge 
/ 
Headmaster of the School confirms the existence of ‘Asharam’ but 
he adds that it is not in use for the last many years. However, adds 
that it is being frequented by members of the Hindu community for 
the last two years. To this extent the matter is adjourned for 
tomorrow i.e. 28.2.2014.  
HINDU GYMKHANA 
3. 
 
Learned Additional Advocate General Sindh has filed a 
written statement on behalf of the Culture Department regarding 
the Hindu Gymkhana which is to the following effect:- 
 
“The Hindu Gymkhana situated opposite to Arts 
Council on M.R. Kyani Road, Karachi is a protected heritage 
under Sindh Cultural Heritage (Preservation) Act, 1994. This 
building is also a protected heritage under Building Control 
Ordinance, 1979 and included in the list of “Structure of 
Special Architectural and Historical Interest of” Karachi. This 
Gymkhana was transferred by Federal Government to 
Government of Sindh in 1991 for establishment of a Centre of 
Arts and Crafts. The renovation of the building was carried out 
in 1994, after taking over by Sindh Culture Department in 
1993. 
 
 
In September 2005, on the directives of the then 
President of Pakistan, Hindu Gymkhana was rented out to Mr. 
Zia Mohiuddin for a period of thirty (30) years for establishing 
National Academy of Performing Arts (NAPA). In violation of 
law and terms of the tenancy agreement, NAPA started 
S.M.C. NO. 01 OF 2014 & 
CIVIL PETITION NO. 20-K OF 2014 
3 
construction of a Theater / Auditorium within the premises of 
Hindu Gymkhana, without seeking permission from the 
landlord (Culture Department). NAPA did not even take NOC 
from the Advisory Committee of Government of Sindh on 
heritage before undertaking the construction activity, within 
the premises of a heritage building. Principally, NAPA 
administration was morally and legally bound to seek formal 
and written permission from both.  
 
 
The construction of Theater / Auditorium within the 
premises of Hindu Gymkhana by NAPA violated the provisions 
of Sindh Cultural Heritage (Preservation) Act, 1994 and 
infringed the terms of agreements dated 12.10.2004 and 
23.09.2005, made between Government of Sindh (Culture 
Department) and NAPA. Thus, on the advice of Law 
Department and in pursuance of clause 8 of the agreement, 
executed between Culture Department and NAPA on 13th 
September, 2008, three months notice was served upon NAPA 
by Culture Department regarding termination of the said 
agreement and vacation of the premises. In response to this 
notice, NAPA filed a civil suit No. 1646/2008 in the 
Honourable High Court of Sindh, which granted stay in the 
matter. The matter is still pending decision of the court.  
 
 
Notwithstanding the legal position and details of 
litigations, as stated above, the said heritage property is 
under the legal ownership of Government of Sindh, Culture 
Department. According to Sindh Government Rules of 
Business (1986), as amended upto December, 2011, ‘heritage 
properties’, whether public or private, fall within the official 
domain of this department. The Hindu Community of Karachi 
and indeed of the whole province, is clamoring for allowing 
them the usage of this property at least on their religious 
rituals (Holi, Diwali, etc). Ironically, NAPA management has 
remained intransigent even to yield to the legal and genuine 
demands of the landlord (Culture Department) and of the 
Hindu Community.” 
 
4. 
 
Mr. Makhdoom Ali Khan at this stage has entered 
appearance to submit that the Hindu Gymkhana was given on 30 
years lease to National Academy of Performing Arts; that the latter 
has not changed the character of the main building of Hindu 
Gymkhana but in the vacant land it has raised construction against 
which efforts were made to demolish it by the Government of Sindh 
and NAPA had filed a Constitution Petition bearing No. 06/2009 
before the High Court of Sindh which is pending decision; that 
another petition (bearing No. D2267/2007) was filed by Shree 
Ratheshwar Maha Dev and the same stands dismissed vide the 
order dated 25.11.2013 against which the said petitioner has filed 
S.M.C. NO. 01 OF 2014 & 
CIVIL PETITION NO. 20-K OF 2014 
4 
Civil Petition No. 20-K/2014 which is pending decision. It has 
further been pointed out that a civil suit bearing No. 1646/2008 
was also filed by NAPA before the High Court of Sindh which is 
pending decision.  
5. 
 
Learned counsel for the petitioner in Civil Petition No. 
20-K/2014 submits that admittedly the Hindu Gymkhana was built 
as far back as 1923 on a land allotted by the Municipal Corporation 
to Hindu community and in the year 1963 it was declared as an 
abandoned 
property 
by 
the 
Government 
of 
Pakistan 
but 
subsequently it was declared as heritage building. However, in the 
year 1996 it was declared as evacuee property. Such a property, he 
further adds, could not have been given on lease to NAPA and the 
way it has been used and defaced is not only violative of the 
fundamental 
rights 
provision 
of 
the 
Constitution 
but 
the 
Constitutional rights granted to the minorities in the Constitution of 
Islamic Republic of Pakistan.  
6. 
 
Having heard learned counsel for the parties, we are 
persuaded to grant leave to appeal in Civil Petition No. 20-K/2014 
to consider whether the Hindu Gymkhana which admittedly is 
evacuee property could have been given on lease to NAPA; whether 
NAPA could have been used and defaced in the manner it has been 
alleged; whether the act of the Government of Sindh of granting 
lease to NAPA is violative of the fundamental rights provision of the 
Constitution and whether the impugned order is sustainable in law?  
7. 
 
Since some of the issues raised in this petition may be 
sub-judice before the High Court in Writ Petition No. 06/2009 and 
the Civil Suit No. 1646/2008 and as the matter is pending decision 
in the High Court of Sindh since long, we are persuaded to direct 
the High Court of Sindh to decide both the cases preferably within a 
S.M.C. NO. 01 OF 2014 & 
CIVIL PETITION NO. 20-K OF 2014 
5 
month of the receipt of this order. Office shall transmit a copy of 
this order to the Hon’ble Chief Justice of the High Court of Sindh for 
information.  
CMA No. 120-K/2014 
8. 
 
In this CMA it is alleged by Hindu community that the 
manner in which constructions have been raised around Swami 
Narain Temple and the land around Lakshmi Narain Temple has 
been leased out to a restaurant has made it difficult for the 
members of Hindu community to visit those Temples to offer their 
prayers.  
9. 
 
We have called learned Advocate General Sindh. A copy 
of this application has been given to him. He shall file a written 
reply within 10 days and the matter shall be taken up thereafter. 
CHRISTIAN MISSION SCHOOL 
10. 
 
It has also been brought to our notice that the Christian 
Mission School which has a historical significance as the founder of 
this country Quaid-e-Azam Mohammad Ali Jinnah had his earlier 
education from there has been given to an NGO, which was initially 
being run by Church of Pakistan and then was nationalized. 
Learned Advocate General Sindh shall also seek instructions about 
this and submit a report within 10 days.  
 
 
CHIEF JUSTICE 
 
JUDGE 
 
JUDGE 
Karachi, the 
27th of February, 2014 
Not Approved For Reporting  
Khurram