NEW DELHI (INDIA): The Supreme Court on Monday declined to entertain a petition challenging the Central Government’s move to promulgate the Enemy Property Act ordinance.
President Pranab Mukherjee promulgated the Enemy Property (Amendment and Validation) Ordinance 2016, earlier on January 7 last year to make amendments to the Enemy Property Act 1968.
The amendments through the ordinance include – once an enemy property is vested in the custodian, it shall continue to be vested in him as enemy property irrespective of whether the enemy, enemy subject or enemy firm has ceased to be an enemy due to reasons such as death etc; the law of succession does not apply to enemy property; there cannot be transfer of any property vested in the custodian by an enemy or enemy subject or enemy firm and that the custodian shall preserve the enemy property till it is disposed of in accordance with the provisions of the Act.
The amendments to the Enemy Property Act 1968 will plug the loopholes to ensure that the enemy properties that have been vested in the custodian remain so and they do not revert back to the enemy subject or enemy firm.
The Enemy Property Act was enacted in the year 1968 by the Government of India, which provided for the continuous vesting of enemy property in the Custodian. The Central Government through the Custodian of Enemy Property for India is in possession of enemy properties spread across many states in the country. In addition, there are also movable properties categorised as enemy properties.
Source: Press Trust of India