Karachi (PR) Mr. Saleem Khursheed Khokhar (Respondent No.3) moved an contempt application CMA No. 11664/2011 against the malafide conduct of the Nazir of the Hon’ble High Court of Sindh Under Article 204 Constitution of Pakistan, 1973 pertaining to Young Men’s Christian Association Constitution Petition No. D-330/2005 and stated that the contemnor Nazir of the Sindh High Court committed gross contempt of the Sindh High Court as well of the Supreme Court for not complying with the orders of the Sindh High Court dated 28-10-2010 and the order of the Supreme Court dated 31-05-2012. In these orders the Apex Court and Sindh High Court had given clear directions to the Nazir as under: –
1) To hold elections of the Young Men’s Christian Association registered Under Societies Act 1860 within 60 days from the receipt of the orders of the Sindh High Court and the Apex Court. Whereas he failed to hold the elections of the YMCA Registered under Societies Act 1860 and displayed the list of Members contrary to the directions of the Sindh High Court order dated 28-10-2010 and 31-05-2012 of Apex Court, instead the list of so called members of Karachi Young Men’s Christian Association registered under Voluntary Social Welfare Ordinance 1961 have been displayed, whereas the case / point of Karachi YMCA has already been contested by the Petitioner and CP No. D-330/2005 have been declared null and void. It was observed by the Apex Court in its order dated 31-05-2012 that property worth millions of rupees of the YMCA seems to have attracted the subsequent registration of the YMCA have been done for usurpation of the YMCA Properties
2) The Nazir of the High Court failed to display the list of Active Members of the Young Men’s Christian Association Registered under Societies Act 1860 bearing Registration No.39 and went against the orders of the Apex Court and Sindh High Court.
2) The learned Nazir was directed to bring to the Notice of the Sindh High Court vide order dated 28-10-2010, the corruption / misappropriation of YMCA funds, properties and the Qabza / illegal occupation of the entire play grounds and other properties of the YMCA. Whereas the learned Nazir of the Court vide order dated 06-10-2005 was entrusted with the Administration, Management, Control of the entire YMCA as Governing Body. Whereas all the illegal occupation / Qabza took place during the tenure of the then Nazir of the Hon’ble High Court and whose control and management of the YMCA is still exists since 06-10-2005 till to date. In fact the learned Nazir concealed all these facts and illegal occupation of the properties of YMCA and play ground till to date fro the Apex Court as well as the Hon’ble High Court of Sindh.
4) That Hon’ble High Court was pleased to direct the Nazir to conduct audit of the petitioner YMCA to scrutinize all transaction made contractor concluded by the so called elected body as notified by the Respondent No.2 and in case any impropriator is observed may bring it to the notice of the court for examination and order. Nazir has not made any effort to do the same. Whereas the Play Ground and other buildings and properties, hostel have been occupied by the illegal occupants, qabza group and Nazir deliberately concealed the facts till to date and inspite of clear directions given by the Hon’ble Sindh High Court vide order dated 28-10-2010 and seems that the Nazir is party to the such Qabza illegal occupation of the YMCA Grounds / Properties which is being run on commercial basis as Wedding Lawns and Wedding Garden and as such the Nazir has committed the gross contempt of the Court.
Mr. Saleem Khursheed Khokhar Respondent No.3 in above case was represented by Senior Advocate Mr. Ilyas Khan, assisted by Advocates
Mr. Farooq, Mr. Samuel Xavier and Mr. Saleem Khursheed Khokhar.
The Hon’ble Division Bench of the Sindh High Court issued Notice to the Nazir to appear on 24-08-2012 before theHon’ble Court.