Fresh Bill on Enemy Property in Parliament

SP, RJD want changes in "anti-Muslim" bill but Shiv Sena, BJP oppose them

PTI | August 30, 2010



Against the backdrop of sharp political divide, the government today said it will bring a "fresh bill" to amend a law governing properties left behind by those who went to Pakistan during partition, in effect withdrawing the draft legislation introduced in the Lok Sabha.

The government's move came after uproar by Samajwadi Party and RJD which termed the Enemy Property (Amendment and Validation) Bill as "anti-Muslim" and wanted changes which were strongly opposed by the BJP and the Shiv Sena.

Home Minister P Chidambaram said after extensive discussions, members had sought more time to study the amendments along with the Ordinance that was issued on July 2.

"It is a reasonable request... We will bring a fresh bill incorporating the amendments in the Winter Session of Parliament," he said.

This prompted the BJP to question the "intention" of the government behind the move.

Leader of the Opposition Sushma Swaraj said the BJP was prepared to support the Bill in its original form but not with the amendments arguing that in such a case, the Bill should be referred to a Parliamentary Standing Committee.

"The BJP will oppose if the Bill is brought along with the amendments. You will have to send it to the Standing Committee where a better discussion can take place. In that case we are with you," she said.

The Bill ran into trouble when the government moved certain official amendments after consultations with the Samajwadi Party and the RJD which left the BJP fuming.

The draft legislation makes it clear that courts would have no jurisdiction over occupation of properties which have been left behind by those who went to Pakistan at the time of partition. There are about 2,000 such properties in India.

Swaraj said the BJP suspects that the government would allow the ordinance to lapse and bring in a new one incorporating the amendments.

Senior BJP leader L K Advani said it seems the government wanted the ordinance to lapse which would happen if this bill is not passed in Parliament. "It seems that you don't want to take it (bill) to the Standing Committee," he said.

The amendments proposed now would undo the ordinance practically, Advani said adding that it was perhaps for the first time a bill to replace an ordinance has not been moved.

"I do not want to answer hypothetical questions... You are looking for ghosts where none reside. Amendments were proposed after extensive consultations and some parties required more time to study. What is unusual about it? This is nothing new or surreptitious," Chidambaram said.

He said there was no reason to harbour any ill-will and the government would bring a fresh draft legislation to Parliament. .

Dubbing the bill as anti-Muslim, members of the two parties stormed the Well and forced adjournment of the House for an hour.

Government's assurances that it was bringing amendments to address their concerns created more problems, with BJP and Shiv Sena turning aggressive against any change in the measure.

Raising the matter during Zero Hour, SP chief Mulayam Singh said the bill would "snatch the rights of the Muslims who stayed back in India" and went against a Supreme Court verdict which had granted them the right over properties which were left behind by their forefathers.

"It is a bill that would make Muslims second-class citizens and create an inferiority complex among them," he said, adding that the apex court had made it clear that the custodian of such properties, which was the government, should return them to the inheritors.

The SP chief was supported by RJD leader Lalu Prasad.

Prasad, Yadav and BSP parliamentary party leader Dara Singh Chauhan met Finance Minister and Leader of the House Pranab Mukherjee after the Lok Sabha adjourned on the issue.

BJP, which was not part of the 45 minute meeting, said it would support the measure only in its original form and is opposed to amendments.

BJP MP Yogi Adityanath said any attempt to give back "enemy properties" to claimants was tantamount to betrayal of the nation.

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