An Inquiry into the fraudulent and illegal sale of a Church property namely JULIUS GARAGE situated at Shahrah-e-Iqbal, Urban Tehseel, Quetta was ordered to the SSP (Investigation) Quetta by the Capital City Police Chief (CCPO) vides dairy no. 51384/2005.
The Inquiry was ordered on a complaint filed by the Church Properties Bachao Tehrik (Save Church Properties Movement) through its National Coordinator The Rt. Rev. Ijaz Inayat Masih against Alexander John Malik, Sadiq Daniel, Earnest Tak and Dr. Sadrick Jalal for illegally and fraudulently selling the above-said church property to Shamas-ur-Rehman, Aziz-ur-Rehman, Kamal Asharf and Shafique-ur-Rehman vides a registered sale deed dated 17 th July 1997 for only Rupees One Hundred Thousand (Rs. 1,00,000/-) whereas the market value of the said property at the time of sale was over Rupees 70 Million (Rs. 7,00,00,000/-). The complaint was registered vide Roznamcha/Entry no. 21 on 22nd December 2005 by Civil Lines Police Station at Quetta .
The CCPO on the legal opinion of PDSP Quetta, who recommended an impartial discrete inquiry under section 157/02 Cr.P.C., ordered inquiry into the illegal sale of above-said property (executed between LDTA through its then Secretary Rev. Earnest Tak as vendors and the above-named vendees vide Document no. 976, Filio no. 1, volume no. 412 pages 113 - 114 dated 17-07-1997 in the office of Sub-Registrar Quetta) to the SSP Investigation Quetta.
Earlier, a Legal Notice on behalf of Church Properties Bachao Tehrik was issued by Dr. A. Basit Advocate on 14 th December 2005, to the Sub-Registrar, DCO, EDO and Tehseeldar of Quetta City and the vendees namely Shamas-ur-Rehman, Aziz-ur-Rehman, Kamal Asharf and Shafique-ur-Rehman, whereby it was notified that the Lahore Diocesan Trust Association is currently a defunct company limited by Guarantee registered as per Certificate of Incorporation dated 21 st December 1942 at the office of Registrar of Companies Lahore, which was intended to administer the trust properties owned by the Anglican Church and complex litigation regarding it`s legal status is pending in the Civil Court, Lahore under section 92 CPC as also in the Honorable High Court of Lahore i.e. CR 2812/2004 and FAO 245/2004, wherein restraining orders against Alexander John Malik and others are still operative and holding ground. It was also notified vides the said legal notice to all relevant authorities of Quetta Tehseel that Haji Mohammad Ashraf and Haji Mohammad Akram who have acted as the General Attorneys of LDTA, the aforesaid defunct company, have no lawful authority to affect any transfer of Church property in favor of any third parties.
In view of which, the Sale Deed mentioned above in respect of JULIUS GARAGE property is a fraudulent and void document and have no legal value. For that reason, the relevant authorities were prayed on behalf of the Church Properties Bachao Tehrik to cancel the impugned fraudulent sale deed and register a criminal case under the relevant sections of law for fraudulently selling a Church property and at the same time an appropriate notation may be placed in all relevant official records to prevent any further charge or alienation of any communal property lying within their jurisdictions.