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Miscellaneous Application No. 9 of 1969, heard on 29th March 1976.

Ss. 232 & 259‑Will‑Letters of administration‑Flagstaff House, Quaid‑i‑Azam's property, sale of‑Flagstaff House to be sold out pursuant to Quaid‑i‑Azam's wishes reflected in his will and codicil, on principle, agreed to by Administrators; that it should not neces sarily be disposed of at highest offer but while accepting offers consi deration of ' immortalising memories of Father of Nation to be taken into account‑Administrators also unanimously deciding non‑accept ance of bids by parties intending to build a hotel lest part of premises be used as night clubs, for dancing, drinking, a cinema house etc. causing stigma to Quaid‑i‑Azam's name‑Representatives of both beneficiaries under Qusid‑i‑Azam's will favouring acceptance of bid of National Bank of Pakistan for reason of other parties being practi cally unknown persons and not having shown any credentials ex tremely risky to trust them in matter of honouring their commitments particularly regarding prohibition placed on use of site‑Two other Administrators and Attorney‑General for similar reasons favouring acceptance of bid of National Bank of Pakistan since it being a national institution could be trusted with honouring covenant‑‑Offer of National Bank of Pakistan, in circumstances, accepted and Admi nistrators directed to act accordingly.‑[Will].

Hassanally A. Rehman for Petitioner.

Ibadatyar Khan, S. H. Rehmani, Muhammad Naseem. Sharifuddin Pirzada and Mamoorul Arfin for Respondents.

Yahya Bhakhtiar, Attorney‑General, Ghulam Ali Memon, A: G. (Sind) and Naseem Farooqui for the State.

Date of hearing : 29th March 1976.

Flag‑Staff House, a property of Quaid‑e‑Azam Muhammad Ali Jinnah the Father of the Nation is to be disposed of by sale, pursuant to his own wishes reflected in his will dated the 30th of May, 1939 and Codicil dated the 25th October, 1940, and in accordance with the unanimous report of the Administrators of his Estate, on the agreed principle noticed in the several orders passed by this Court that "Flag‑Staff House should not be disposed of necessarily at the highest offer, and that while accepting one among the several offers received so far, the consideration that memories of the Founder of the Nation, Quaid‑e‑Azam Muhammad Ali Jinnah are to be immortalised should be taken into account."

By the 5th August, 1975, offers were received from three parties only, namely, (1) National Bank of Pakistan, (2) Hassanally and Company, and (3) Shaikh Younus lqbal, and by the time these could be considered, two other parties, namely Panorama Enterprises Limited, and Siza Properties Limited, also gave fresh offers. In these circumstances and also for the reasons state ments were made at the Bar that certain other better offers may be received. I fixed time‑limit upto 10th January, 1976 by which all the offers received through a public notice to be issued by the Court were to be examined by the three Administrators of the Estate of Quaid‑i‑Azam, and the case was then to come up for final hearing.

In the meeting held on 27th March, 1976, the Administrators unanimousi decided that no bid by a party who intends to build a hotel be accepted as part of the premises are bound to be used as night‑club, for dancing, drink ing, a cinema‑house, etc. which would cause a stigma to the name o Qusid‑i‑Azam.

I entirely agree with these sentiments. In the light of this decision only three offers of the following parties were considered :‑

(1) National Bank of Pakistan

(2) Shaikh Younus lqbal

(3) Buildwell (Pakistan) Limited.

The Administrators, however, have not been able to reach a unanimous decision as to the patty whose offer may be accepted. According to Mohtar ma Shireen Bai, the offer which provides that the Flag‑Staff House be preserved, and which also gives some financial benefits to the Estate be accep ted. She, therefore, favours the offer given by Shaikh Younus Iqbal, accord ing to the statement made at the Bar by Mr. Ibadat Yar Khan, learned counsel appearing for her.

Mr. M. A. H. Isphahani's views may be stated in his own words as follows :‑

"I question the statement that Flag Staff House has become a national monument‑ a house in which, to the best of my knowledge, the Quaid‑i Azam did not live. This House is not associated with the Quaid‑i Azam except for the fact that he purchased it. Had this plea been made in regard to his house in Bombay (Mount Pleasant Road) or in New Delhi (10, Aurangzeb Road), it would certainly hold water. On the basis of sentiment, Quaid‑i‑Azam lived many more days in many homes throughout India during his period of political activity. Of these houses, our homes in Calcutta were also honoured by him on his visits to that city in connection with Muslim League work, Therefore, Sbirin Bai's argument, every house should be dubbed a national monument which, on the face of it, is totally absurd. Why not name the present Governor's House as a Quaid‑i‑Azam memorial It will be more apt to do so than to talk of Flag‑Staff House in such light. Mohammed Ali Jinnah not only lived in the Governor‑General's House but, as is well known, he breathed his last on Septem ber 11, 1948 in that house.

I do not agree with Shireen Bai that Flag‑Staff House should be preserved as a monument for the Quaid‑i‑Azam's relic. It would be better if "Qasre Fatima Jinnah" is utilised for this very purpose. I have papers in my possession which can adequately prove that had Miss Jinnah been alive for two or more days, she would have gifted "Qasre Fatima Jinnah" to the Nation for housing not only the relic of the Quaid‑i‑Azam but also for the utilisation of a part of the build ing for a Laboratory and Research Centre."

In his statement made in writing, Mr. M. A. H. Ispahani has pointed out that Mohtarama Fatima Jinnah was herself anxious to sell this property, and in this behalf the relevant portion of his statement may also be usefully reproduced hereunder:

"To get market rate offers, the building was advertised for sale in the newspapers. Several offers were got which were considered to be inade quate. Mohtarma Shirin Bai's son, Mr. Akbar Jafferbhoy brought an offer for Rs. 28 lacs for Flag‑Staff House. When asked for what purpose this place was being purchased, he said that he did not know ; Perhaps it was for a hotel. When told that the price was too low, he verbally increased it to Rs. 32 lacs. This too was rejected by us because the price was still considered too low and also because we did not want that ground to be used as a hotel, a dancing place, a cinema and for shops, etc."

The following portion of the statement of Mr. M. A. H. Ispahani is also relevant and is, therefore, being reproduced hereunder :‑

"Mohtarma Shirin Bai has no evidence to prove that the Flag‑Staff House, after being purchased, was extensively repaired under the supervision of the Quaid‑i‑Azam. Mohtarma Sheerin Bai did not even enter the precincts of the Quaid‑i‑Azam's home while he was alive and sitting in Poona . . . . This lady was not in the picture when the Quaid‑i‑Azam was fighting for Muslim freedom nor after he had gained it. She arrived much later, after his demise and was not in Karachi for more than a few days. She had to go back because her sister Fatima Jinnah did not want her to stay for long. Today by virtue of being the only surviving sister of the Quaid‑i‑Azam and not knowing anything about his activities, it becomes very difficult for one to accept her leadership and views which she expresses from to time at the behest of some one else."

According to Mr. M. A. H. Ispahani, in his own words again :‑

"the most important point for the Court to remember is that the will of the Quaid‑i‑Azam has to be implemented. It clearly states that all big properties should be sold and the proceeds distributed in accordance with his directions."

For these, among other reasons, Mr. M. A. H, Ispahani is of the opinion, and he is also supported by Mr. Hassanally Abdur Rehman, the third Administrator, that the offer given by National Bank of Pakistan should be accepted.

It was stated before me that during the course of the meeting of the Administrators of the Estate of Quaid‑e‑Azam Mohtarma Shireen Bai handed .over three typed sheets of papers and insisted that these be placed on record, .otherwise it should be taken that she has not participated in the meeting. These three sheets of papers were produced by Mr. Hassanally Abdur Rehman ‑in Court. According to these papers, Mohtarma Shireen Bai favoured two alternative offers given by Buildwell (Pakistan) Limited and one Siza Labora tories Limited, mainly on the ground that these are the only offers which provide for preservation of the Flag‑Staff House after being renovated in a befitting manner.

Mr. Ibadat Yar Khan, at this stage, supported the offers given by Build ‑well (Pakistan) Limited and Siza Properties Limited on the ground that they ‑are much more attractive than the one given by National Bank of Pakistan. Buildwell (Pakistan) Limited has given two alternative offers styled as Scheme A and Scheme B. According to Scheme A, total amount payable for the property is Rs. 60,00,000 at Rs. 650 per square yard. In addition, sum of Rs. 7,47,080 is offered for the renovation of Flag‑Staff House and Auditorium at the cost of Rs. 22,50, 00 on 10,000 square feet and a library at the cost of Rs. 14,87,500 on 8500 square feet, apart from the cost of furni ture, fixture at Rs. 13,76,500.

Scheme 8 contemplates payment of Rs. 48,00,000 towards the costs of land at Rs. 520 per square yard. In addition to this an air‑conditioned mosque and library is proposed to be set up on 10000 square feet out of which 5000 square feet are offered free of charge. Apart from this, sum of Rs. 10,72,180 is proposed to be spent on the renovation of Flag Staff House.

The offer given by Siza Properties Limited is at Rs. 46,17,000 for land at the rate of Rs. 100 per square yard, in addition to Rs. 6,00,000 to be spent on renovation of Flag‑Staff House and Rs. 20,62,000 for an Auditorium to be constructed on 7500 square feet as Rs. 275 per square foot, and a library to be housed on the same site at a cost of Rs. 16,87,500 and Rs. 23,00,000 to be spent further on the furniture and fittings.

As against these offers, the National Bank of Pakistan has offered to purchase the property at Rs. 350 per square yard excluding the conversion charges payable at Rs. 262 per square yard which have been waived by the Ministry of Defence, as a special case. A mull ‑storied building is proposed to be constructed, bearing the name of "Quaid‑i‑Azam Markaz", and one entire floor has been offered to the Quaid‑i‑Azam Trust for the purposes of display of Quaid‑i‑Azam's relic and office library. One additional floor is offered to serve as Auditorium bearing the name of "Quaid‑i‑Aaam Auditorium." The cost of maintenance of the Library and the Auditorium throughout is to be borne by the National Bank of Pakistan.

By comparison, the offer of National Bank of Pakistan is at a lower rate than those given by the other parties. In this behalf, I may also mention the offer given by Karim Corporation for whom Syed Sharifuddin Pirzada appear ed. This party has offered to purchase the property at Rs. 755 per square yard, in addition to making available an area of 19000 square feet, each, for the Auditorium and the Library on better terms than the National Bank of Pakis tan. All the three Administrators are of the unanimous view that the offer made by this party should be ruled out of consideration as the party wishes to build a hotel on the site, and therefore, the conditions imposed regarding the ass of the site will not be fulfilled. I entirely agree with these views.

The two beneficiaries under the will of Quaid‑i‑Azam, namely. Sind Madressah and Peshawar University, are represented by Mr. Ghulam Ali Memon and Mr. N. A. Faruqui Advocates, and according to them, the offer of National Bank of Pakistan must be accepted for the reason that the other parties, who have given the offers are practically unknown persons, and they have not even shown any credentials, and it would be extremely risky to place trust in them that they would honour their commitments, particular) regarding the prohibition placed on the use of the site for the reason of the sentiments attached to it. It is, indeed, from this point of view that the two Administrators Mr. M. A. H. Ispahani and Mr. Hassanally A. Rehman and Messrs Ghulam Ali Memon and N. A. Faruqui are of the opinion that the offer given by the National Bank should be accepted because it is National Institution, and can be trusted with honouring the covenant that no part of the property is to be utilised for the purpose of gambling, dancing etc.

Learned Attorney‑General also strongly supported the view of the two Administrators M. A. H. Ispahani and Hassanally Abdur Rehman that the offer given by National Bank of Pakistan is outstandingly a better one in the light of the principle which is to be observed that the important question is not what the Flag‑Staff House would fetch in the market, but the consideration that the memories of the Founder of the Nation Quaid‑i‑Aaam Muhammad Ali Jinnah be immortalised should be taken into account along with the money considerations.

In this connection I may refer to an aspect of the case which was highlighted by Mr. Ibadatyar Khan during the course of arguments. This is indeed regarding the observations made by me in the order dated 23rd August, 1974. These arc to the following effect :‑

"The primary, and the most important question, in my opinion, is not what the Flag‑Staff House" would fetch in the market, but whether this sacred House of the Founder of the Nation should be handed over to the Highest‑bidder whosoever he may be. Quaid‑i‑Azam purchas ed "Flag‑Staff House" in 1945 and it is said that he brought his personal furniture and belongings from Bombay and Delhi into this House, and supervised and arranged their settings personally. He lived in this House alongwith his sister, Mohtarma Fatima Jinnah, and preserved it in tact, even after he moved to the Governor‑General's House in Karachi. After the death of Quaid‑i‑Azam, Mohtarma Fatima Jinnah shifted to Flagstaff House, and she lived there until her death, in 1965. In view of this historical importance, "Flag‑Staff House" is, no doubt, a National Monument, although unfortunately it is now in dilapidated condition. According to Mohtarma Shireen Bai, the Director‑General of Department of Archeology, 'Pakistan (Mr. Khan) has given the opinion that just Rs. 50,000 are required for repairs, renovation for the building to be used for the purposes of a Museum. The correspondence on record shows that the Prime Minister of Pakistan has already taken interest in "Flag‑Staff House" being used as a National Monument. Before allowing the Seal of this Court to be affixed on the sale‑proclamation of the "Flag‑Staff House," I would like to be thoroughly satisfied if that would be best course of action to be taken, according to the will and the Codicil of Quaid‑i Azam Muhammad Ali Jinnah.

The Administrators must, therefore, deliberate on this important and dedicated question with all the sanctity it deserves."

I may clarify that these observations were made by me on the tentative view of the case on the basis of the assertions made before me by Mohtarma Shireen Bai that Quaid‑i‑Azam had brought his personal furniture from Bombay and Delhi into Flag‑Staff House and had supervised and arranged their setting personally along with his sister Mohtarma Fatima Jinnah. It would be noticed that in the order referred to above, I have used the words "It is said". According to the statement of Mr. M. A. H Ispahani, who was a close Associate of Quaid‑i‑Azam, and for which reason he was appoin ted as one of the Administrators of the Quaid‑i‑Azam Estates, Mohtarma Shireen Bai did not even enter the precincts of Quaid‑i‑Azam's House while he was alive.

I have already reproduced certain portions of the statement of Mr. M. A. H. Ispahani. There is no evidence on record to support the assertions made by Mohtarma Shireen Bai upon the basis of which I had made the observa tions referred to above. Be that as it may, this aspect is now not even relevant for the reason that during the proceedings of the case that took place later on, it was agreed, on all hands, that Flag‑Staff House is to be sold in pursuance of the Quaid‑i‑Azam's own will.

After having given my most anxious consideration to the various offers received for the property in view of the fact that very sacred sentiments of the Nation are attached to this property in view of the fact that it belongs to Qusid‑i‑Azam, I feel no hesitation in accepting the offer given by National Bank of Pakistan. Apart from quite a handsome amount having been offered D for the property, the consideration that has weighed with me the most is the reliance that can safely be placed on this party for honouring the covenant that this property belonging to the Founder of the Nation, will be used in a manner so as to immortalise his name, rather than be utilised for the purposes of gambling, dancing or in such other manner which may create a stigma to the name of the person who fought for the creation of our Homeland.

I, accordingly, accept the offer given by the National Bank of Pakistan, and direct that the Administrators of the Estate of the Quaid‑i‑Azam spas take further necessary action.

S. A. H. Order accordingly.

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