SINDH HIGH COURT ISSUES NOTICES FOR FRAUDULENT REPRESENTATION AND CONCEALMENT OF FACTS
23 Oct 2006
Karachi: The Sindh High Court here on Monday, 16th October 2006 issued notices in an application under section 12 (2) CPC, bearing J. M. No. 37 of 2006, seeking annulment of the orders of the Sindh High Court dated 13 th February 2002, regarding the election and appointment of Bishop of Karachi Diocese, on the ground that the impugned orders were obtained fraudulently by impersonation and concealment of facts from the Honorable Court.
It is worth re-calling that orders regarding the election and appointment of the Bishop of Karachi Diocese of the Church of Pakistan (United) involving the former Archbishop of Canterbury were obtained through concealing of facts both from the former Archbishop of Canterbury and the Honorable Sindh High Court in Suit No. 1454 of 1997.
It has interalia been alleged in the application that it was a conspiracy hatched by the then hierarchy of the Church of Pakistan (United) to illegally snub the results of election held on 1 st October 1997, in order to make way for a person of their choice and to implement these desires documents and facts were fabricated to make out a case.
As the trail in Pakistani Courts is a lengthy process the case was sent to the former Archbishop of Canterbury for his Recommendations. It is alleged that the former Archbishop George Carey was misled by the present and the former Moderators of the Church of Pakistan (United) as well as facts of the alienation of Alexander John Malik from the Church of Pakistan were concealed both from the Honorable Court and the former Archbishop Carey.
Now Mr. Hadayat Almas member of the Karachi Diocesan Council through his Counsel Mr. Samuel Xavier has approached the Honorable Sindh High Court to set aside the orders under section 12 (2) CPC as the same had been obtained through fraud and misrepresentation.
It is expected that the present case will have immense impact on the structure and polity of the whole Church of Pakistan as already the legality of the Synod and the elections of some of the Bishops have been challenged on various forums on constitutional and legal grounds and as such it will be a big challenge to the Mission Partners of the Church of Pakistan and the Anglican Communion as they have been referring to the Court case at times in history.