KMC Challenges Sealing of Cotton Exchange Building in Sindh High Court
KARACHI: The Karachi Metropolitan Corporation (KMC) has lodged a formal challenge in the Sindh High Court (SHC) against the recent sealing of the Karachi Cotton Exchange building and the subsequent eviction of its occupants. The KMC argues that the operation was carried out without proper notification or jurisdiction.
The corporation contends that the sealing order, jointly issued by the Federal Investigation Agency (FIA) and the Evacuee Trust Property Board (ETPB), bypassed due process. Importantly, the KMC maintains neither the FIA nor the ETPB possesses the authority to declare properties as evacuee trust property, especially following provincial legislation in 2019.
Jurisdiction Over Evacuee Trust Properties
The core of the KMC’s challenge lies in the assertion that the federal government, through the ETPB and FIA, no longer holds jurisdiction over such properties. Following the 18th Amendment to the Constitution, matters of evacuee property became a provincial subject. Sindh enacted its own law, the Sindh Evacuee Trust Properties (Management & Disposal) Act, 2019, solidifying provincial control.
Advocate Haider Waleed, representing the KMC alongside Mayor Murtaza Wahab, described the sealing as an unlawful and baseless attempt to claim a heritage property. “This is a preposterous tactic to usurp this historical asset,” the KMC argued before the SHC.
Allegations of Unlawful Action
The KMC’s petition details forceful entry and eviction of tenants by the FIA, characterizing the actions as an abuse of power. No prior notice was reportedly served to the KMC before the building was sealed and an FIR was registered. This FIR, filed on December 13, names KMC officials and alleges violations of the Pakistan Penal Code and anti-corruption laws.
SindhNews.com has closely followed developments regarding historical properties in Karachi. The KMC asserts that the FIA’s justification for sealing, citing a 1963 gazette notification, is invalid. They argue this notification was issued beyond the scope of the relevant law at the time, the Pakistan Administration of Evacuee Property Act, 1957, particularly after the stipulated cut-off date of January 1, 1957.
Court’s Interim Order
In response to the KMC’s petitions, a two-judge constitutional bench of the SHC has issued an interim order. The court has temporarily restrained the FIA from taking any coercive action against KMC officials and others named in the FIR until January 9. The KMC is seeking a final declaration that the sealing order and the FIR are unconstitutional and without jurisdiction.
The legal battle highlights a significant dispute over property rights and jurisdictional authority between federal and provincial bodies in Sindh. The SHC’s future rulings will determine the fate of the Karachi Cotton Exchange building and set a precedent for similar property disputes.