Four opposition parties have opposed amendments to the Enemy Property Act saying the original law adopted in 1968 was balanced and the fresh changes violate the very basic principle of natural justice and human rights.
The Select Committee report on amendments to the Enemy Property Act tabled in Rajya Sabha today saw representatives of Congress, JD-U, CPI and Samajwadi Party giving dissent notes saying the proposed changed would "adversely affects and results in punishing lakhs of Indian citizens and will have no effect on any Enemy Government".
"In our considered view, the provisions of the present Bill violates the very basic Principle of Natural Justice, Human Rights and settled principles of law. Furthermore, it adversely affects and results in punishing lakhs of Indian Citizens and will have no effect on any Enemy Government," the dissent note said.
The representatives of the four parties K C Tyagi (JD-U), K Rahman Khan, P L Punia, Husain Dalwai (all Congress), D Raja (CPI) and Javed Ali Khan (SP) said the 1968 law is a very balanced piece of legislation as it recognised that the enmity is not permanent and Indian Indian citizens should not be deprived of their rights including inheritance and succession.
The principle of Natural Justice must be upheld and that the Courts should have power to adjudicate on matters related to enemy property.
"The provisions of the present Bill, 2016 are contrary to the aforesaid principles and if allowed to be inserted in the Act, 1968, not only the entire balance will be disturbed but also the same would not sustain in the Courts of law," the note said.
The Committee, headed by BJP's Bhupender Yadav, has recommended that once the government implements the proposed amendments to dispose of the enemy property under section 8A on the ground level by selling, the interest of the present occupant/tenant may be taken care of for the time being so that the tenants are not unsettled all of a sudden or the running business of the financial institutions/PSUs does not get disrupted.
The Committee is of the view that the just and fair system of delivery of justice should be incorporated in the Rules governing the enemy property and the same should be given wide publicity for the benefit of stakeholders all over the country.
The Committee strongly recommends that proper investigation and due and transparent process must be followed during identification and declaration of enemy property.
After the proceedings of the Custodian are over, the aggrieved person should be provided opportunity to represent his case to a Designated Officer of the Ministry of Home Affairs who must be easily available to the aggrieved persons. This should be specifically mentioned in the Rules.
