In a setback to ‘Raja’ Mohammad Amir Khan, whose parents owned properties worth crores in Lucknow and migrated to Pakistan, the Delhi high court refused to entertain his plea challenging certain provisions of the Enemy Property Act.
A division bench of Chief Justice Dipka Misra and Justice Sanjiv Khanna dismissed a petition filed by Khan challenging the provision of Enemy Property (Amendment and Validation) ordinance barring the judiciary from entertaining petition against the government.“
Solely because the ordinance has been issued by the president, it would not confer jurisdiction on the high court of Delhi to deal with the constitutional,” the bench said and granted 45 days time to Khan to approach the appropriate court.
Khan claimed that after 35 years of legal battle, the Supreme Court had restored the properties with him including the bungalows of the district magistrate, superintendent of police and chief medical officer in Sitapur worth crores of rupees.
The Centre, however, sought to take back the possession of the property through the ordinance which barred any court to entertain any suit pertaining to the enemy property.
Enemy property refers to the property left behind by those who opted to go to Pakistan after the Partition of Indian subcontinent. Indian government seized them as a matter of right.
