KARACHI: The Supreme Court (SC) on Wednesday observed that Hindu Gymkhana will not be allowed to be used as a marriage hall or restaurant and directed the Sindh government, representatives of the Hindu community and others to give suggestions with regard to utilisation of the premises.
Hearing a petition on the construction of an auditorium and allotment of office to the National Academy of Performing Arts (NAPA) at the Hindu Gymkhana, which is also a heritage site, the SC’s three-member bench headed by Chief Justice Qazi Faez Isa observed that Hindu Gymkhana was an iconic heritage site which should be preserved and protected.
The court turned down the suggestion of Hindu community MNA Ramesh Kumar for handing over the Hindu Gymkhana property to Sindh government and asked to name one heritage building in the city that was properly protected by the Sindh government.
The Chief Justice observed that heritage buildings of Chief Minister’s House and Governor’s House were protected because there was no access of public in it. The court inquired from the MNA whether he had seen any country in the world where the Governor’s House or Chief Minister’s House were guarded by containers.
The Chief Justice observed that rulers should have concern about the people instead of their own comfort.
The court observed that the court is more concerned about the rights of Hindu community but the premises of Hindu Gymkhana will not be allowed to be occupied as the association has nothing to do with the affairs of Hindu Gymkhana.
MNA Ramesh Kumar said that there were names of Ram decorated in the Hindu Gymkhana and there was also a place of worship in the premises.
The Chief Justice remarked that due to mere writing of religious words on walls, the building could not be declared as a religious place, reminding the MNA not to use such arguments which have no basis.
The counsel of Hindu community association also sought time to prepare for arguments. The court turned down the request and observed that it was usually written on the Iranian hotels not to embarrass oneself by asking for credit, therefore, the counsel should not embarrass the court by asking for an adjournment.
The Hindu community’s welfare association submitted that the Hindu Gymkhana should be allowed to be used by the Hindu community, which had no space for performing their religious or cultural activities. He also objected over the handing over of control of the premises to NAPA and said that the Hindu community should be made the custodian of the premises, so that they could perform their social, religious and cultural activities.
The court inquired from the MNA as to why he wanted to separate the Hindu community as they were also a part of the society.
The NAPA counsel submitted that the Hindu community was allowed to conduct their religious functions at the premises and representatives of the Hindu community, including a prominent film director, were also included in the NAPA’s board.
He said that Hindu Gymkhana was constructed by Seth Ram Gopal Das in 1925 and after the Partition, the premises was used by federal service commission, evacuee property trust and other entities and during such time none of the Hindu associations claimed ownership or possession of the property. He submitted that the Hindu Gymkhana was given to it on a 30-year lease. He said that NAPA had not changed the character of the main building, but constructed an auditorium on the vacant land without altering the heritage site.
The court also inquired relevant parties to suggest the name of architect who could work for protection and preservation of the heritage building. The counsel suggested Marvi Mazhar, Yasmeen Lari, Arif Hasan and other architects.
The Advocate General Sindh submitted that heritage department’s committee was already constituted to preserve the heritage sites. The court directed the relevant parties to give their suggestions to the court and in the light of their suggestions, the final order will be passed in the case. The court also directed the Sindh government to ensure protection of the heritage building.
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