TANWIR EQBAL Vs. UNION OF INDIA

JUDGEMENT

(1.) This matter is having the third round in the Calcutta High Court. In the second round on 24th June, 1988 in CO. No. 6818(W) of 1984 I set aside and quashed the Memo dated 14th February, 1984 along with the certificate under section 12 of the Enemy Property Act, 1969 issued by the Assistant Custodian of Enemy Property in Calcutta and allowed the writ application. I, however, gave liberty to the Union of India, Ministry of Commerce, to have the matter heard in accordance with section 6 of the said Act by a high ranking officer not below the rank of the Joint Secretary or equivalent thereto and sitting or sittings should take place at New Delhi after giving full opportunity of producing evidence and documents to the petitioners and the Assistant Custodian of Enemy Property in Calcutta and hearing the parties on the basis of such evidence and documents in the light of the observations made in the Judgment. I further ordered that the officer concerned should be free to come to his findings in accordance with law and should pass a reasoned order.

(2.) The first writ petition being C.R. No. 3679(W) of 1979 was ultimately discharged (AIR 1982 Cal. 542). The appeal was preferred being F.M.A.T. No. 1853 of 1982 and was allowed in part by a Division Bench consisting of M. M. Dutt and G. N. Ray, JJ. The Appeal Court held as follows :-

(3.) In accordance with the Appeal Court's direction the Assistant Custodian disposed of the representation of the appellants and passed an order dated 14th February, 1984 which was quashed by me in the second writ petition as stated hereinbefore.