Page 16 - Banking Finance April 2016

LEGAL UPDATE

LEGAL 

The Enemy Property Bill up for claims or transfer of Higher judiciary appoint-

properties ments not to be in RTI

The Lok Sabha passed a Bill to amend a Replying to a debate on the bill, Home The government has decided against
48-year-old law to guard against claims Minister Rajnath Singh said, "It does bringing appointments to the higher

of succession or transfer of properties not pertain to Pakistan alone, but also judiciary
under the
left by people who mi- to those Chinese who left purview of
the Right
grated to Pakistan and India after the 1962 Sino- to Informa-
tion (RTI)
China after the wars. India War. Even their Act, law
property comes under minister D.V. Sadananda Gowda said
The Enemy Property the ambit of this Bill." noting that transparency can be
(Amendment and Valida- achieved even without it.
tion) Bill, 2016, which In the wake of the Indo-
amends the Enemy Prop- Pak war of 1965 and He said the revised draft memoran-
dum of procedure (MoP), a docu-
erty Act, 1968, was passed by voice 1971, there was migration of people ment to guide appointments to the
vote amid the government's assertion from India to Pakistan and under the Supreme Court and the 24 high
that the measure should not be seen Defence of India Rules framed under courts, is in the "final stage" and it
will be sent to the Chief Justice of
from the prism of religion or caste. A the Defence of India Act, the Govern- India soon.
demand by the Opposition for sending ment of India took over the properties
it to the Standing Committee of Par- and companies of such persons who To a question on whether the draft
liament was also turned down. had taken Pakistani nationality. MoP refers to bringing judicial ap-
pointments under the ambit of the
Time to be taken for a verdict excluded from RTI RTI Act, Gowda said, "No". On con-
ducting elections, he said, "Substan-
The Supreme Court confirmed a Delhi high court verdict which said the court tial funds have been allotted this year
registry couldn't be directed to collect information under the head election-related ex-
on how long judgments on cases remained pend- penses for purchase of new elec-
ing under the Right to Information Act. After a tronic voting machines, keeping in
case is heard by a court, it reserves its verdict in view the general elections in 2019
the case. and assembly polls."

There is a certain time gap between this and dec-
laration of the court's decision or judgment. The case remains pending till the
judgment is delivered. A bench comprising justices P. C. Ghose and Amitava Roy
dismissed an appeal filed by petitioner Lokesh Batra against a 7 January deci-
sion of a two-judge bench of the Delhi high court.

16 | 2016 | APRIL | BANKING FINANCE