 "Enemy property must go to the State: SC")
Enemy property must go to the state if at all it is an enemy property, the Supreme Court said on Monday.
A Bench comprising Chief Justice J S Khehar and N V Ramana said it is a sensitive matter and it is for Parliament to debate on it, not the court.
“Enemy property must go to the state provided that it is that of enemy,” the Bench said after senior advocate Anand Grover, appearing for Congress member in Rajya Sabha Husain Dalwai, said it is a serious issue and needs to be debated. While disposing of a petition filed by Dalwai who questioned the promulgation of Enemy Property (Amendment and Validation) Fifth Ordinance, 2016, the Bench said that the petitioner should raise the issue in Parliament.
Grover said that if a person migrated to Pakistan or Bangladesh, then his or her legal heirs and successors would face problems due to the ordinance.
“If the issue is so serious and sensitive and the nation's security is at risk, then you should debate in Parliament. You are a Member of Parliament, you should debate there. We are agreeing with you that this needs to be debated but it is for Parliament to debate on the subject,” it said.
Grover said that the ordinance cannot be promulgated time and again and it has now been promulgated for the fifth time.
"This promulgation of the ordinance can't go on. There is the apex court's judgement on this," he told the bench.
A Bench comprising Chief Justice J S Khehar and N V Ramana said it is a sensitive matter and it is for Parliament to debate on it, not the court.
“Enemy property must go to the state provided that it is that of enemy,” the Bench said after senior advocate Anand Grover, appearing for Congress member in Rajya Sabha Husain Dalwai, said it is a serious issue and needs to be debated. While disposing of a petition filed by Dalwai who questioned the promulgation of Enemy Property (Amendment and Validation) Fifth Ordinance, 2016, the Bench said that the petitioner should raise the issue in Parliament.
Grover said that if a person migrated to Pakistan or Bangladesh, then his or her legal heirs and successors would face problems due to the ordinance.
“If the issue is so serious and sensitive and the nation's security is at risk, then you should debate in Parliament. You are a Member of Parliament, you should debate there. We are agreeing with you that this needs to be debated but it is for Parliament to debate on the subject,” it said.
Grover said that the ordinance cannot be promulgated time and again and it has now been promulgated for the fifth time.
"This promulgation of the ordinance can't go on. There is the apex court's judgement on this," he told the bench.
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