KARACHI: The Supreme Court on Wednesday directed the Sindh government to take necessary steps for preservation of the historic Hindu Gymkhana building, which is housing the National Academy of Performing Arts (Napa).

The three-judge bench of apex court, headed by Chief Justice of Pakistan Qazi Faez Isa, said that parties concerned were at liberty to file their suggestions and the court would consider the same before deciding the matter.

A petition was filed by Shree Ratneshwar Mahadev Welfare in 2014 and sought directive for National Academy of Performing Arts (Napa) to vacate the building and hand it over to the Hindu community. Later, Dr Ramesh Kumar and some others had filed applications to become interveners in the proceedings.

At the outset of the hearing on Wednesday, the counsel for the petitioner submitted that the heritage site belonged to the Hindu community of Karachi and earlier, the apex court had directed the commissioner to provide alternative accommodation to Napa, which is housing in the heritage building of Hindu Gymkhana.

The heritage building was taken over by the govt after partition; it currently houses Napa

The chief justice asked the counsel as to how they could determine a community and whether there was any allotment letter or other relevant documents about the subject land/building.

The counsel submitted that the Sindh government had admitted the ownership claim of Hindu community over Napa building. At this juncture, the CJP asked the lawyers to advance arguments about their case instead of provincial government and said that the lawyers must come prepared for to argue the cases.

Dr Kumar suggested that the land in question be handed over to the Sindh government. The CJP asked him whether he could tell the court about a single building in the city preserved by the Sindh government and said that the time will come when the rulers will have to think about the masses instead of themselves.

The chief justice also observed that the court was more concerned about Hindu community then the applicants and asked Dr Kumar what party he belonged currently since he used to switch political parties so often. Dr Kumar replied that he was affiliated with the Pakistan Peoples Party.

The bench expressed its displeasure when the lawyers sought one month’s time to come prepared for arguments.

The lawyer for Napa submitted that the building in question was established by Seth Ramgopal Gourdhanandh Mohatta in 1925 and the government had taken over the same after the partition.

Dr Kumar again asked the court that they be declared custodian of the said building so that the Hindu community could carry out social activities on the premises.

The lawyers recommended Yasmain Lari, Arif Hasan, Marvi Mazhar and others after the CJP asked them to suggest the names of architects/experts for the preservation of the heritage building.

Dr Kumar yet again attempted to address the bench and said that he may also be allowed along with others to inspect the building.

The CJP asked Dr Kumar that he may be kept out of this since he had a lot of work to do in the parliament.

However, the advocate general submitted that provincial culture department had already constituted a committee for preservation of heritage sites/buildings.

The bench directed the Sindh government to ensure preservation of the building in question and also said that the parties concerned may file suggestions, if any, by the next hearing and the court would settle the matter after considering the same.

It was contended in the petition that the said heritage site belonged to the Hindu community of Karachi before partition as the gymkhana building was established for the promotion of social and religious activities of Hindus, but the government took it over as an evacuee trust property after partition.

In October 2021, the apex court had expressed concern over an inordinate delay in getting vacated the said building and observed that the apex court had been issuing directives to authorities for the past three years to get the building vacated and grant substitute land to Napa, but the officials were shifting responsibility to each other. It had directed secretary culture department and commissioner Karachi to come up with a report about alternative land to Napa.

Published in Dawn, April 25th, 2024