Directs Civil Courts to adhere to provisions
WAJAHAT SHABIR
SRINAGAR: The High Court of Jammu & Kashmir and Ladakh has issued an advisory to all civil courts in the Union Territories, directing them to adhere to the legal provisions of the Enemy Property (Amendment and Validation) Act, 2017.
This comes in response to a communication from the Home Secretary, Government of India, highlighting concerns over pending cases related to enemy properties vested with the Custodian of Enemy Property.
A circular in this regard has been issued by the High Court of Jammu and Kashmir.
Whereas, it is being observed that despite the following explicit legal provisions in the Enemy Property (Amendment and Validation) Act, 2017, like all over India, the Civil Courts throughout the UTs of J&K and Ladakh have been entertaining the cases pertaining to enemy properties vested with the Custodian of Enemy Property, it reads.
Section 188- “Exclusion of jurisdiction of civil courts- Save as otherwise provided in this Act, no civil court or authority shall have jurisdiction to entertain any suit or proceedings in respect of any property, the subject matter of this Act, as amended by the Enemy Property (Amendment and Validation) Act, 201711, or any action taken by the Central Government or the Custodian in this regard.
Section 22A(c)- No suit or other proceedings shall, without prejudice to the generality of the foregoing provisions, be maintained or continued in any court or tribunal or authority for the enforcement of any decree or order or direction given by such court or tribunal or authority directing divestment of enemy property from the Custodian vested in him under section 5 of this Act, as it stood before the commencement of the Enemy Property (Amendment and Validation) Act, 2017, and such enemy property shall continue to vest in the Custodian under section 5 of this Act, as amended by the aforesaid Act, as the said section, as amended by the aforesaid Act was in force at all material times
Whereas the prolong pendency of these cases is not only causing delay in monetization of the Government assets and also paving the way for unnecessary and avoidable litigation, the circular added.
Whereas, the matter was placed before Hon’ble the ·Chief Justice for soliciting further orders, and His Lordship has been pleased to direct that a circular containing the aforesaid legal provisions may be issued for its adherence by all the Civil Courts of UT of -J&K and Ladakh, it reads.
Now, therefore, all Civil Courts under the jurisdiction of High Court of J&K and Ladakh are hereby impressed upon to adhere to the aforesaid provisions of the Enemy Property (Amendments and Validation) Act, 2017 in its letter and spirit.
