The Enemy Property Act, 1968, defines “enemy property” as any property located in India which was owned by an individual who migrated to a rustic with which India has a battle or is at struggle with.
This even extends to the authorized heirs of this property even when they’re Indian residents or are residents of the non-enemy nations, after the modification of 2017. The central authorities, in such a case, appoints a custodian, who’s vested the rights of those “enemy properties”.
The declaration of “enemy property” by the central authorities is intrinsically linked to the existence of struggle or battle. Declaring a property as “enemy property” practically 55 years after the 1962 struggle, via the 2017 modification, units a doubtlessly harmful precedent. It opens up the chance for the state to retrospectively reclaim or prohibit entry to properties which have lengthy been in possession of authorized heirs or third events, lots of whom are Indian residents with no connection to the “enemy” nation. Such retrospective software raises critical authorized and constitutional questions, notably round the proper to property and due course of.
Additional, the vesting of the property to the custodian is completed with none discover, listening to or alternative to current the case by the lawful heirs of the property who’re themselves not categorised as “enemies”. This makes an attempt to breach the ideas of pure justice. The Enemy Property Act hammers the proper of age-old peaceable possessors of a property by immediately placing it beneath the definition of “enemy property”.
A latest case which is dealing with the results of the 2017 modification is of Saif Ali Khan’s ancestral properties being termed as “enemy properties” as a result of he’s the inheritor of those properties belonging to his grand-mother Sajida Sultan whose sister Abida Sultan migrated to Pakistan in 1950. The choice of the Madhya Pradesh Excessive Courtroom got here after 25 years of the order of the trial court docket recognising him and his household because the rightful heirs of the royal properties located in Bhopal owing to the legislation which was meant to be a results of struggle, however which has been retrospectively utilized 55-years after struggle.
Overturning of the earlier judgement, which got here a few years in the past, creates uncertainty and suggests arbitrariness of the legislation. The 2017 modification makes an attempt to punish lawful Indian residents by denying them property on the premise of a distant relative’s determination of shifting to a “enemy” nation. Moreover, the legislation is even silent on any compensation for the lack of property on this regard. The legislation completely offers no respite to the loyalty of the heirs who’ve been peaceable and lawful residents of India all through.
The legislation ought to be reviewed, reassessed and re-evaluated towards the physique of constitutional rights, pure justice and rule of legislation and shall be challenged for arbitrariness as it might have been acceptable if it punished primarily based on the conduct of the current heirs of the property relatively than punishing on the premise of the conduct of a distant ancestor, that too as outdated as 55 years in the past. This retrospective software of provisions with none cures suggests the extent of despotic character of the legislation.
This Saif Ali Khan case ought to set off the controversy across the modification of the Enemy Property Act, 1958, which has the power to change into a medium for mass property confiscation by the central authorities, usually focusing on the residents who haven’t any direct reference to the “enemy”. The legislation, via its modification, shall concentrate on the conduct of the heirs, enlist cures and supply a chance of being heard earlier than transferring the property to the custodian.
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