HC Refuses to Discharge Senior IRS Officer Accused of Releasing Enemy Property to Builder
The Bombay High Court has rejected a senior IRS officer's plea to discharge him from a case filed by the CBI for allegedly releasing a plot of land, designated as enemy property, in favour of a builder.
Enemy PropertyIrs OfficerCbiCustodian Of Enemy PropertiesBombay High CourtReal Estate MumbaiJun 22, 2024
According to the Enemy Property Act, 1968, property in India owned by Pakistani nationals is designated as enemy property, and CEPs are empowered to appropriate such property. The CBI claims that Singh withdrew the certificate declaring half the property, which belonged to Aziz Yacoob Tabani, who had migrated to Pakistan in 1969, as vested with the Custodian of Enemy Properties.
Singh had approached the high court after a special CBI court rejected his discharge plea on July 28, 2023. He claimed that he was falsely implicated and that there was no material to proceed against him. However, the high court rejected his contention, stating that there was prima-facie material against him to take the allegations made against him to trial.
The court noticed that within a fortnight after taking charge as CEP in Mumbai in November 2005, Singh issued a notice stating that the transaction for purchasing Aziz Tabani's share by the developer was null and void and asked the developer to stop work at the site. However, after receiving a response from the developer, he started seeking legal opinion from government counsels and appeared to have taken upon himself the task of invalidating the said certificate, although the actions were based on previous legal opinions.
The high court refused to accept Singh's contention, stating that he showed zeal and enthusiasm in withdrawing the certificate, and that the allegations in the FIR need to be tested by taking the trial to its logical end.
Information The Enemy Property Act, 1968, is a law that deals with the properties left behind by Pakistani nationals who migrated to Pakistan after the 1965 war. The Act designates such properties as enemy property, and the Custodian of Enemy Properties is responsible for managing and disposing of these properties.
The Central Bureau of Investigation (CBI) is a premier investigating agency in India that is responsible for investigating corruption cases, economic crimes, and other serious offences. The Bombay High Court is the highest court in the state of Maharashtra, India, and has jurisdiction over the state.
Frequently Asked Questions
What is enemy property according to the Enemy Property Act, 1968?
Enemy property refers to property in India owned by Pakistani nationals who migrated to Pakistan after the 1965 war.
Who is the Custodian of Enemy Properties (CEP)?
The Custodian of Enemy Properties is a government official responsible for managing and disposing of enemy properties.
What is the role of the CBI in this case?
The CBI is investigating the case against the senior IRS officer accused of releasing enemy property to a builder.
What is the Bombay High Court's decision in this case?
The Bombay High Court has refused to discharge the senior IRS officer accused of releasing enemy property to a builder.
What is the next step in this case?
The case will now proceed to trial, where the allegations made against the IRS officer will be tested.
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