1988 PLP 2142 (CLC)

M. Muzaffarul Haq for Petitioner. Afsar Ali Abidi for Khalid Anwer for Pakistan Herald Publication. Wajihuddin Ahmad, A.‑G., Sind on Court Notice. Muhammad Yakoob for Grindlays Bank. Dates of hearing: 22nd and 25th February, 1988. The petitioner has prayed for appointment of Mutawallis in the vacancies of Mohtarma Fatima Jinnah and Liaquat Ali Khan, who were earlier appointed as Mutawallis in respect of this Trust by order of then Chief Court of Sind, dated 13th March, 1950. There appears to be no opposition to this petition but Mr. Khalid Anwer, who appears for Pakistan Herald Publication and Mr. Muhammad Yakoob, who appears for Grindlays Bank state that the allegations contained in the petition and in respect of the schedule of the properties are not admitted by their respective clients. It is quite unnecessary in the present circumstances to examine the allegations contained in the petition against the Pakistan Herald Publication and Grindlays Bank or any other institution as I am only required to supply the vacancy which has been caused in this case on account of death of the two Mutawallis of the Trust. It is however, necessary that before the appointment of Mutawallis is made their consent may be obtained and for this purpose learned Advocate‑General, Sind is directed to contact the persons named in paragraph 17 of the petition to ascertain from them if they are willing to act as Mutawallis in respect of the above Waqaf. It will also be open to the learned A.‑G. to suggest any other appropriate name for appointment as Mutawalli in respect of this Trust alongwith the consent of such person to act as Mutawalli. Mr. Advocate‑General, states that he will be able to place such information by 25th February, 1988. Adjourned to 25‑2‑1988 for further orders. This order is to read in continuation of my previous order, dated 22‑2‑1988. Mr. Wajihuddin Ahmed, learned Advocate‑General, Sind, states that he has obtained consent of the persons mentioned at serial Nos. 1, 2 and 3 of paragraph 17 of the petition and they have signified their consent to act as Mutawallis in respect of the above Trust. Learned Advocate‑General, Sind, has also placed before me the bio‑data of Mr. Rafiq Akhtar, who has published a number of books on the life and work of Quaid‑i‑Azam and prays that alongwith the above three persons he may also be appointed as Mutawalli in respect of the above Trust. The request made by the learned Advocate‑General, Sind is not opposed by any of the learned counsel for the parties and the petitioner who is also present in person. In view of the above I appoint Mr. Justice (Rtd.) Zahoorul Haq, Mr. Justice (Rtd.) Muhammad Hayat Junejo, Mr. Liaquat H. Merchant and Mr. Rafiq Akhtar, as Mutawallis of the Dawn Trust in the vacancies which occurred on account of death of Mohtarma Fatima Jinnah and Liaquat Ali Khan. The Mutawallis will have all the powers to administer the Trust and will act in accordance with the Trust Deed. The petition is disposed of in terms of above with no order as to costs. H.B.T./M‑448/K Order accordingly.