There has been law since independence regarding the properties left behind by the migrants to Pakistan. First the law was passed as the Administration of Evacuee Property Act, 1950 after the war against Pakistan. Another law was passed in continuation of the provision of the Administration of Evacuee Property Act that was named as Enemy Property Act later.
Those persons who had migrated to Pakistan and left properties in India were made subject to the provision of the Evacuee Property Act and their properties were taken over by the government of India. A large number of disputes gave way to a prolonged litigation and meanwhile Enemy Property Act into being.
The properties left by migrants leaving other members of the family were snatched from the surviving members and their progeny.
This phase of litigation made suffer a large number of Indian citizens.After the subsequent enactment the sufferings were multiplied and till now litigations are in the courts.For example the properties of Nawab of Bhopal presently under Pataudi family are still subject to litigation pending in Jabalpur High Court.
The glaring case among the 16000 such properties mostly belong to Muslims is the case of MAM Khan , the Raja Mehmoodabad having 936 properties in Lucknow, Sitapur and Lakhimpur.
It’s surprising that even after the final pronouncement by the Supreme Court of India the above noted properties are duly owned by Raja Mohammed Amir Mohammad Khan, as legal successor of Raja Mehmoodabad. In its remarkable judgment Union of India v Raja MAM Khan the Supreme Court on October 21, 2005, held that on the death of an enemy, the property devolves in succession and ceases to be enemy property if the successor is a citizen of India.
But the central government is adamant to deny him property rights by enacting a law debarring the actual owners of 16000 properties including the properties of Raja Mahmudabad and Nawab of Bhopal.
The enactment to the effect to take over the above noted properties has been passed by the Lok Sabha but due to strong opposition by members of opposition like D Raja, Sitaram Yechuri,Sharad Yadav KC.Tyagi etc the bill could not be passed by Rajya Sabha even after tabling it five times in the House last time on 23rd Dec 2016.
Its very relevant to mention here that the honorable President of India has raised strong objection while signing the Enemy Property (Amendment and Validation) Ordinance for the fifth time when the Ordinance was put before him for the record fifth time in a row.
It’s also to be noted that recently the Apex court has painfully said that repetition on of any Ordinance even twice on the subject is a fraud on the Constitution of India.
In worst case if the Ordinance becomes an Act could you imagine Mohammad Amir Mohammad Khan of Mahmudabad, a former lawmaker who preferred to live in India when his father emigrated to Pakistan in 1957 , the former captain Indian cricket team, late Mansur Ali Khan Pataudi, his wife Sharmila Tagore and their children Saif, Saba and Soha Ali Khan will be considered the ‘enemies’ India. Aren’t the patriot Indian Muslims being treated like traitors by the present Modi government?