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This is an archive article published on September 5, 2010

After Bill fiasco,Enemy Property Ordinance soon

After failing to pass the Enemy Property (Amendment and Validation) Bill in Parliament,the government has now decided to promulgate a fresh Ordinance incorporating the fresh amendments.

After failing to pass the Enemy Property (Amendment and Validation) Bill in Parliament,the government has now decided to promulgate a fresh Ordinance incorporating the fresh amendments that it unsuccessfully tried to bring in the just-concluded monsoon session.

On Monday,Union Home Minister P Chidambaram will move a proposal for the second Ordinance on the matter at a meeting of the Union Cabinet that has been specifically convened for the same. The earlier Ordinance that could not be converted into a Bill by Parliament lapsed last Friday,six weeks after Parliament was convened on July 22.

The fresh Ordinance is expected to include all the three amendments two of them forced by a strong Muslim lobby led by Minority Affairs Minister Salman Khurshid and the third as a result of negotiations with the BJP. The first amendment allows enemy property to be claimed by legal heir of the original owner,provided he is an Indian national. The second puts limitations on the courts in the divestment of the properties,allowing the custodian to control it,and the third ensures that the legal right of current tenants/occupants of enemy properties remains unaffected by the Bill.

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The government decision,however,is certain to invoke criticism from the BJP,which had maintained that the government should bring the amendment Bill in the winter session of Parliament and cautioned against moving another Ordinance on it. On the last day of the monsoon session,Leader of Opposition Sushma Swaraj had alleged in the Lok Sabha that there was a catch in the governments decision not to move the Bill. If you have an intent of bringing a new Ordinance with the amendments included,then we will oppose it, she had said.

The government developed cold feet on moving the amendment Bill in the monsoon session following strident protests from the SP and the RJD,which alleged that the Bill was anti-Muslim and accused the Congress of striking a deal with the BJP on the issue. While rejecting the BJP charges,Chidambaram told the Lok Sabha that the government had decided to drop the Bill,keeping in mind sentiments voiced by some members that more time be given to study the legislation.

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