KARACHI: The Sindh High Court on Tuesday formed a one-man commission to launch an investigation to find out where the precious belongings of father of the nation Quaid-e-Azam Muhammad Ali Jinnah and his sister Fatima Jinnah disappeared after the former’s death.

A one-judge bench of the SHC comprising Justice Zulfiqar Ahmed Khan passed the order for constituting the commission while hearing more than half-a-century-old suit for administration of estate of Fatima Jinaah.

The court noted that the properties as detailed in the schedule (item-10) of the suit including cars, shares, jewellery, bank balances, were never discovered. As per counsel for the plaintiff, nobody knows.

The court also found that many items that were mentioned in earlier reports were missing in the latest inventory prepared by the official assignee pursuant to October 13, 2021, order of the court.

When the suit was taken up for hearing, an Assistant Advocate General (AAG) representing the Sindh government submitted that October 13 order of Justice Zulfiqar was suspended by a division bench on November 8 while hearing an intra court appeal of the Sindh government.

However, the counsel for the plaintiff pointed out that only the official assignee of the court was restrained from taking possession of Qasr-e-Fatima (Mohatta Palace), while rest of the order still holds the filed.

In its October 13 order, the one-judge bench with the consent of all the parties announced to form a trust for establishing a medical-dental college for girls with residential facilities and directed the official assignee to take possession of Qasr-e-Fatima

The AAG sought adjournment of the hearing submitting that the Advocate General (AG) Sindh would himself argue the case.

However, the court rejected the request and held that the one-man commission comprising Justice (retd) Faheem Siddiqui would conduct an investigation into the disappearance of several of the precious belongings of Quaid-e-Azam and Fatima Jinnah and would be at liberty to seek help of any government official in the regard and to seek records from any institution.

Counsel for the plaintiff Khawaja Shamsul Islam showing some advertisements published in certain newspapers apprised the court that gratitude to chief minister Sindh had been expressed by Mohatta Palace Gallery Trust for saving ‘Mohatta Palace’.

According to the counsel the advertisement was highly contemptuous as it deliberately did not use name of Qasr-e-Fatima for Mohatta Palace in clear disregard of the court’s order of September 29 in this regard.

Barrister Faisal Siddiqui filed his power to represent Mohatta Palace Gallery Trust which also filed an application to become an intervener in the suit.

The court issued notice of the application to the plaintiff as well as the respondent and deferred the hearing till December 8.

Initially, suit for administration was instituted on October 29, 1970, by Hussein Ali Walji, first cousin of Fatima Jinnah.  Later, Shareen Jinnah also initiated proceedings of inheritance for obtaining her share in Fatima Jinnah’s estate which includes moveable and immovable property, jewelry, shares and cash etc.

In 1979, Shareen Jinnah purportedly, formed a trust for establishing a medical college in the premises of Qasr-e-Fatima commonly known as Mohatta Palace. The institution of the trust namely Shareen Jinnah Charitable Trust (SJCT) was also contested by Hussein Ali’s successors. The current plaintiff in administration suit Nazish Amir Ali Walji is grandson of Hussein Ali Walji.

Khawaja Shamsul Islam, Advocate for the plaintiff during an earlier hearing had drawn court’s attention towards order passed on April 20, 2018, wherein counsel for SJCT Yawar Farooqui had filed a statement with a copy of Declaration of Trust executed on March 03, 1979

Khawaja Shamsul Islam had pointed out that patent anomalies were floating on the surface of the said document.  According to him six trustees had been named in the said declaration but only three trustees, Ibadatyar Khan, Dr Shareef and Dr Arifur Rehman Alvi, had signed. Therefore, the very legitimacy of that Declaration of Trust is shrouded in mystery.