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Supreme Court (SC) has ordered Sindh Government to make alternate arrangement by August 2020 to shift the students from Islamia College, Karachi premises to some other place.

Provincial government should commence the new academic year in a properly acquired or other existing educational facility; a three-member bench of SC gave the order in an appeal, filed by Sindh Government's College Education & Literary Department against the ejectment order in favour of The Islamic Education Trust, which was represented by its trustee Syed Mureed Ali Shah Advocate.

SC bench comprised of Justice Mushir Alam, Justice Qazi Amin Ahmed and Justice Amin-ud-Din Khan in a written order stated that the case otherwise has a chequered history of a long drawn litigation between Islamic Education Trust, Province of Sindh and Karachi Metropolitan.

Court observed that it appeared that rent has been denied unjustly by petitioner and pursuant to direction cumulative rent for the period from February 2006 to July 2018 was directed to be deposited before matter may proceed further.

From the record it appears that this amount was deposited, however, again the petitioner (Sindh Government) defaulted in depositing the rent though this court has been indulgent towards the petitioner on the ground that it is running an educational institution yet did not mend its way despite order dated 27.11.2018 and ultimately Court issued a direction to deposit arrears of rent within ten days.

Addl. Advocate General Sindh attempted to argue that the order could not be complied with within the timeline as it takes time to get the cheque to be prepared by the Account General Office and there was only a delay of two days.

Court ruled that since the amount of rent as per the directions of Rent Controller has not been deposited within time, therefore court is not inclined to give any further indulgence.

Court observed that since educational institution is being run at the subject premises, so court doesn't want to disturb the current academic session. "We, therefore, maintain the ejectment order subject to deposit of regular monthly rent and utility bills without failure, court ruled.

Court ordered Additional Advocate General Sindh and counsel for KMC to bring it to the notice of authority concerned that any failure to deposit monthly rent and up-to-date utility bills would entail consequences for the officers concerned as well.

Court directed the Sindh Government to continue to pay rent and all utility charges for the period premises are vacated and handed over peacefully to the respondent (Islamic Education Trust).

Copyright Business Recorder, 2020

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