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Congress Is Jeopardising India’s Security Interests By Opposing Amendments to Enemy Property Act
by rawemotions Sun Feb 19, 2017 7:03 pm
How Congress Is Jeopardising India’s Security Interests By Opposing Modi Government’s Amendments to Enemy Property Act
Excerpts
On 22 December 2016, the President of India re-promulgated the Enemy Property Act (Amendment and Validation) Ordinance for the fifth time. The Narendra Modi government has faced a united opposition against the amendments proposed as well as its decision to re-promulgate the ordinance. The bill passed in the Lok Sabha was repeatedly met with strong opposition in the Rajya Sabha, and if we take a cue from history and revisit the record of the Congress and its allies with regards to this act, it becomes obvious that this bill's passage will be a tall task. A public interest litigation (PIL) was also filed by a Congress Member of Parliament (MP) in Rajya Sabha, Hussain Dalwai, but the Supreme Court refused to entertain the PIL and observed that the matter of enemy property must be addressed by the state.
The Enemy Property Act, 1968, was enacted by the Government of India after the Chinese aggression of 1962 and India's war with Pakistan in 1965. It ensured that the government was the custodian of "enemy property". Per this law, the government had the right to acquire the property of those people who, after the respective wars, had migrated to China or Pakistan (later included Bangladesh).
The number of "enemy properties" had increased exponentially after the war with China and two successive wars with Pakistan. It is said that there are over 16,000 enemy properties, their worth ranging upward of Rs 1.1 lakh crore. But, due to the staggering mismanagement and sheer unwillingness of lawmakers to amend and enact the law to its full potential, the properties fell into the hands of dubious elements, and in some cases to the heirs of the very people who had abandoned India and taken up citizenship of enemy countries at the time of conflict.
Pakistan’s Ordinance No VII of 1947 prevented evacuees from selling or exchanging property. At the time, Pakistan had brazenly asked India to pass a similar law (when the Government of India protested). Pakistan then promulgated the Evacuee Property Ordinance (1949) in which case an individual, even if they were a citizen of Pakistan, who had a distant relative that had migrated to India, would have their property be tagged as "evacuee property".
Since then, China, Pakistan and Bangladesh have all managed to dispose the enemy property within their borders.
:
In one such case, kin of Liaquat Ali Khan (first Pakistan prime minister) claimed his right over half of Muzaffarnagar city (currently under investigation). In another, a person claimed nearly one-third of Agra, including the Taj Mahal. But perhaps the most significant of such cases was that of the property of the Raja of Mahmudabad. He was an Indian citizen who had migrated to Pakistan soon after the partition and beceme a Pakistani citizen. He was the treasurer of the Muslim League, a close aid of Pakistan’s first governor-general Muhammad Ali Jinnah and also said to be a close to the Nehru family. The Supreme Court ruled in favour of his son, Mohammad Amir Mohammad Khan (elected to the state assembly in 1985 and 1989 on a Congress ticket before giving up active politics), and conceded enemy property worth over Rs 30,000 crore.
It is with the case of Raja Mahmudabad that the tale of Congress' treachery begins. The counsel representing the kin was the then minority affairs minister Salman Khurshid. After the case, the United Progressive Alliance government was forced to promulgate an ordinance that would essentially overturn the Supreme Court decision. Khurshid led a cross-party delegation and convinced the then prime minister Manmohan Singh to not only allow the ordinance to lapse but also to not table the bill (which was extremely diluted) in Parliament.
Excerpts
On 22 December 2016, the President of India re-promulgated the Enemy Property Act (Amendment and Validation) Ordinance for the fifth time. The Narendra Modi government has faced a united opposition against the amendments proposed as well as its decision to re-promulgate the ordinance. The bill passed in the Lok Sabha was repeatedly met with strong opposition in the Rajya Sabha, and if we take a cue from history and revisit the record of the Congress and its allies with regards to this act, it becomes obvious that this bill's passage will be a tall task. A public interest litigation (PIL) was also filed by a Congress Member of Parliament (MP) in Rajya Sabha, Hussain Dalwai, but the Supreme Court refused to entertain the PIL and observed that the matter of enemy property must be addressed by the state.
The Enemy Property Act, 1968, was enacted by the Government of India after the Chinese aggression of 1962 and India's war with Pakistan in 1965. It ensured that the government was the custodian of "enemy property". Per this law, the government had the right to acquire the property of those people who, after the respective wars, had migrated to China or Pakistan (later included Bangladesh).
The number of "enemy properties" had increased exponentially after the war with China and two successive wars with Pakistan. It is said that there are over 16,000 enemy properties, their worth ranging upward of Rs 1.1 lakh crore. But, due to the staggering mismanagement and sheer unwillingness of lawmakers to amend and enact the law to its full potential, the properties fell into the hands of dubious elements, and in some cases to the heirs of the very people who had abandoned India and taken up citizenship of enemy countries at the time of conflict.
Pakistan’s Ordinance No VII of 1947 prevented evacuees from selling or exchanging property. At the time, Pakistan had brazenly asked India to pass a similar law (when the Government of India protested). Pakistan then promulgated the Evacuee Property Ordinance (1949) in which case an individual, even if they were a citizen of Pakistan, who had a distant relative that had migrated to India, would have their property be tagged as "evacuee property".
Since then, China, Pakistan and Bangladesh have all managed to dispose the enemy property within their borders.
:
In one such case, kin of Liaquat Ali Khan (first Pakistan prime minister) claimed his right over half of Muzaffarnagar city (currently under investigation). In another, a person claimed nearly one-third of Agra, including the Taj Mahal. But perhaps the most significant of such cases was that of the property of the Raja of Mahmudabad. He was an Indian citizen who had migrated to Pakistan soon after the partition and beceme a Pakistani citizen. He was the treasurer of the Muslim League, a close aid of Pakistan’s first governor-general Muhammad Ali Jinnah and also said to be a close to the Nehru family. The Supreme Court ruled in favour of his son, Mohammad Amir Mohammad Khan (elected to the state assembly in 1985 and 1989 on a Congress ticket before giving up active politics), and conceded enemy property worth over Rs 30,000 crore.
It is with the case of Raja Mahmudabad that the tale of Congress' treachery begins. The counsel representing the kin was the then minority affairs minister Salman Khurshid. After the case, the United Progressive Alliance government was forced to promulgate an ordinance that would essentially overturn the Supreme Court decision. Khurshid led a cross-party delegation and convinced the then prime minister Manmohan Singh to not only allow the ordinance to lapse but also to not table the bill (which was extremely diluted) in Parliament.
rawemotions- Posts : 1690
Join date : 2011-05-03
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