Now Citizenship Amendment Bill (CAB) has become CAA (Citizenship
Amendment Act) after approval by Honorable President of India. The Hindus,
Buddhists, Sikhs, Parasis and Christians of Pakistan, Afghanistan and
Bangladesh now legally can apply for nationality of India. There is unrest in
some parts of the country after approval of CAB in Parliament. Opponent of this
act are unable to give any logical reason against this law. Interestingly, Mr.
Narendra Modi has given 3 challenges to Congress Party few days back during
election rally in Jharkhand. One is related to CAA. He challenges Congress to
declare that CAA will be removed, if voted to power once again. Let’s not get
into rhetoric of election rallies.
But let’s assume that opponent of CAA are suggesting that Muslims of
these 3 countries should have been given nationality through CAA. Although, CAA
does not provide such provision, Muslims of these countries can officially
apply for nationality of India through other law e.g. Adnan Sami recently got
Indian Citizenship. But GOI has prerogative to give it or not e.g. Taslima
Nasreen is not getting Indian Citizenship last so many years. Opponent of CAA
will also resist providing nationality to Taslima Nasreen. Therefore, their
opposition to CAA is very much farcical.
Let’s assume that CAA would have provided citizenship to any Muslim of
these 3 countries on the basis of religious prosecution (which is also a
reality). During the partition of India, large number of Muslims from central
India and Bengal migrated to Pakistan for better life. After barbaric episode
of partition settled down, people from both the side were actually moving
freely across the border. But things started changing after successive wars
with Pakistan. Borders started becoming more firm and formal and free movement
became difficult. After 1965 war with Pakistan, GOI headed by Congress passed
the law called ‘Enemy Property Act’. Since it was passed in 1965, it became
applicable to Bangladeshi after 1971. This law says the properties of Pakistani
nationals in India are enemy property and therefore they belong to Government
of India. Such people can’t transfer these properties to their relatives or
legal heir who stayed back in India (even before 1965) or no one can go to court
against government’s action as per this law. Let me share two interesting
stories of this law.
The Raja of Mahmudabad Mohammad Amir Ahmed Khan, a Shia Muslim, was
very close associates of Mohammed Ali Jinnah migrated to Pakistan after
partition and took the Pakistani citizenship in 1957. But his wife, son and
brother remained in India. As per this law, GOI took over his property in 1965.
The current value of his property goes beyond 10,000 crores! The Raja moved to
London after his illusion of Pakistan broken as he being Shia Muslim in Sunni
majority Pakistan and died in 1973. His son Mohammad Amir Mohammad Khan, the
new Raja of Mahmudabad who is Indian citizen, become his legal heir. He
approached Moraraji Desai and later on Mrs. Indira Gandhi, then Prime Minister
of India and requested to transfer his property back to him. 1965 law had some
provisions by which govt can release these properties back to legal heir. The
new Raja of Mahmudabad is Congress party leader in UP and was 2 times MLA of
Congress from Mahmudabad. Union cabinet of Congress party govt discussed his
request in 1980 and agreed to release 25% his property. But he has to submit
proof that he is legal heir of his father. He got 25% of the property in 1980.
But 75% property remained with GOI. He went to Mumbai High Court in 1997.
Mumbai High Court ruled that custodian (GOI) can’t be owner and Raja is now new
owner and hence the entire property should be given back to Raja of Mahmudabad.
But then Congress govt challenged this decision in Supreme Court. Apex court
also ruled in Raja’s favor in 2005 and asked govt to return his entire
property. Raja and his family won the legal battle and acquired major part of
his property. He started acquiring the properties, started investing in them
for commercial purpose. But his agony being Congress party member from Congress
party government did not stop there. Congress is expert in reversing Supreme
Court verdict by issuing ordinance (remember Shaha Bano verdict) by President
of India. In 2010, UPA govt issued an ordinance by President and taken back all
the properties which were returned by Supreme Court of India. The Raja came to
the same situation of 1965! BJP government extended the ordinance in 2014 once
again and finally amended the act in 2015 and thus plugged all the
possibilities of Raja of Mahmudabad to get his properties back. Off course,
Congress opposed the amendment of this act (which is actually their ordinance)
in Parliament. When this law was passed in 1965, GOI attached ~1000 properties
in one year. Once heat of war with Pakistan died down, govt action also died
down. When Congress Govt once again issued ordinance in 2005, the count rose to
~10,000. The count of such attached properties rose to ~15,000 in 2015 and
estimated cost is 3 Lacs Crores! The amended law allows govt to auction these
properties which new BJP govt is very much interested.
Another interesting story. After the partition large number of Muslims
migrated from India and similarly large number of non Muslims came to India. GOI
confiscated the properties of Muslims who migrated to Pakistan under the law
“Evacuee Property Act”. This act was passed on 17th April 1950.
Under this law, confiscated properties of evacuee were distributed to people
who came to India as refugees. One such property attached was Mumbai’s famous
Jinnha house of Mohammed Ali Jinnah. This palatial bungalow at Malabar hill and
spread across 2.5 acres. The current estimated value is Rs 600 Crore! Jinnha
had leased out this property to British High Commission for the period from
1948 to 1983. Jinnha’s only daughter Dina Wadia, who was never agreed to her
father’s idea of Pakistan, did not join him after partition and never went to
Pakistan even for his funeral. She is mother of famous Industrialist Nusli
Wadia. Dina Wadia went to Mumbai High Court in 2007 and appealed to handover
this property to her as she is the only legal heir of Jinnah. Govt says Fatima
Jinnha (Jinnha’s sister) is custodian of Jinnah’s will. But Wadias claim that
this will does not have probate and hence not valid. The case is still going
on. Dina Wadia died in 2017 and now Nusli Wadia is fighting this case.
Interestingly, Pakistan Government also put the claim on this property. BJP
govt is now suggesting to apply Enemy Property Act of 2015 to this property as
well and develop it on the grounds of Hyderabad House in New Delhi.
The point is if migrated Muslims starts coming back to India and they
become citizens of India, then what happens to Enemy Property Act and Evacuee
Property Act. There would be flood of cases in court to return these properties
back to their legal heir. Are so called liberals, who are opposing revised CAA,
have any answer to this question?
Satish Gundawar
21-Dec-2019
