Kochi, June 25 (IANS) The Kerala High Court has held that just because a person had gone to Pakistan in search of a job does not make him an enemy under Rules 130 and 138 of the Defence of India Rules, 1971 unless he was trading with an enemy.
The court’s statement came as it quashed proceedings initiated against the petitioner under the Enemy Property Act, against a property formerly held by the petitioner’s father, who had worked at a hotel in Karachi for a while.
“Only for the reason that the petitioner’s father had gone to Pakistan in search of a job and worked there for a short period will not bring the petitioner’s father within the definition of ‘enemy’ under Rules 130 or 138 of the Defence of India Rules, 1971 which was provided for a totally different purpose and the reliance placed on the said Rules is totally out of context and irrelevant to the facts of the case in hand,” the court ruled.
The case pertains to petitioner P. Ummer Koya’s purchase of some property in Malappuram district from his father, Kunji Koya and some nearby land from his relatives. But when he went to pay the property tax, the villager officer refused to accept tax saying that there were orders from the Custodian of Enemy Property of India (CEPI) as proceedings were initiated under the Enemy Property Act, 1968. He was further informed that the action was taken as per a notification issued by the Ministry of Foreign Trade.
The petitioner said that the Central government, with the authority vested under the Citizenship Act, had duly ordered that his father was an Indian citizen but to no avail.
The court said the petitioner’s father cannot be considered an ‘enemy’ under any of these definitions as it quashed the proceedings initiated against the petitioner by the CEPI and directed the village officer to accept the basic tax of the property from the petitioner.
–IANS
sg/vd
Disclaimer
The information contained in this website is for general information purposes only. The information is provided by TodayIndia.news and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Through this website you are able to link to other websites which are not under the control of TodayIndia.news We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. However, TodayIndia.news takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
For any legal details or query please visit original source link given with news or click on Go to Source.
Our translation service aims to offer the most accurate translation possible and we rarely experience any issues with news post. However, as the translation is carried out by third part tool there is a possibility for error to cause the occasional inaccuracy. We therefore require you to accept this disclaimer before confirming any translation news with us.
If you are not willing to accept this disclaimer then we recommend reading news post in its original language.
