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HIGH COURT: BEING EMPLOYED IN PAKISTAN DOES NOT AUTOMATICALLY MAKE ONE A CITIZEN OF PAKISTAN.

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The Custodian of Enemy Property for India has listed up to sixty-eight immovable properties in Kerala as ‘enemy properties,’ and thus, the High Court’s order can alleviate other similar cases as well. undefined

Thiruvananthapuram: In a recent relief to the 74-year-old man from Malappuram in Kerala, the Kerala High Court has set aside the restrictions placed on the property owned by him by the Custodian of Enemy Property for India, claiming that the man had purchased the land from his father who used to work in the neighbouring country, Pakistan.

A single bench of Justice Viju Abraham stated in the order produced on Monday that if a person went to an enemy nation in order to find a job, then it could not be assumed that he was a person from enemy nation.

There are as many as 68 immovable properties in Kerala which have been classified by the Custodian of Enemy Property for India as ‘enemy properties,’ and thus the HC order may mean relief in other similar cases as well.

P Ummer Koya, a retired police official and a native of Chettippadi in Malappuram challenging the archaic practice when the Parappanangadi village officer in Malappuram rejected his request to pay the land tax of 20. 5 cents of land for which he had recorded from his father Kunji Koya who once worked in Pakistan for few years.

The respective revenue authorities stated that the property in question was taken over under the provisions of the Enemy Property Act, 1968 and was under investigation by the Custodian of Enemy Property for India as the petitioner’s father was suspected to be an ‘enemy’ (Pakistan national) as per the definition contained in the said Act and, therefore, the property in question was also considered to be an ‘enemy property’. Hence, on the land, the restriction was imposed by the Custodian of Enemy Property for India.

The petitioner Ummer, with advocate M A Asif, argued that his father was born in Malappuram in 1902 and was domiciled in India when the Constitution was enacted in 1950. He visited Pakistan in 1953 in order to search for a job he had been a helper in a hotel in Pakistan for a short period of time.

He also said his father felt threatened by the police when he was still a national of Pakistan and approached the centre to know his citizenship status and the centre advised him that Kunji did not take the Pakistani citizenship willingly, therefore he still remains an Indian citizen. For this reason, the said property could not be rightly regarded as ‘enemy property’ as contended by Ummer’s counsel. Kunji also passed away in India and was buried in Malappuram district.

The court directed that since the father of the petitioner can not be termed as an ‘Enemy’ and his properties can not be termed as ‘Enemy Property’, the restriction imposed on the land should be quashed.

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JUDGEMENT REVIEWED BY: ABHISHEK SINGH

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Gujarat High Court Cracks Down on Safety Violations After Rajkot Fire Tragedy

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Background –

In a devastating incident in Rajkot, Gujarat, on 24th May, 2024, a fire at a play or game zone claimed the lives of at least 33 individuals. The blaze was reportedly ignited during welding operations. According to a preliminary report by the SIT, significant negligence by the promoters of the TRP Game Zone was identified. This fire incident occurred in September 2023 and followed a similar event where welding had previously caused a fire at the same location. Despite the fire brigade’s intervention to extinguish that earlier fire, fire department officials failed to address the evident lack of fire safety measures at the TRP Game Zone.

Update on the Issue –

On May 26, the High Court took suo motu cognizance of the Rajkot fire incident that resulted in 27 fatalities. The Court was alarmed by news reports suggesting that the gaming zone might have exploited loopholes in the Gujarat Comprehensive General Development Control Regulations (CGDCR) to construct illegal recreational structures. Gujarati newspapers reported that the gaming zone had erected temporary tin structures to circumvent permission requirements.

The Court vide order dated 13th June, 2024, observed that such gaming zones had emerged not only in Rajkot but also in Ahmedabad, posing significant public safety risks. Concluding that the disaster was prima facie man-made, the Court sought responses from the municipal corporations of Surat, Ahmedabad, Rajkot, and Baroda on the legal provisions allowing these gaming zones and recreational facilities to be established or maintained.

The Gujarat High Court directed the State government to establish a fact-finding committee to investigate the May 24 fire incident at the Rajkot gaming zone and scrutinize the inaction of senior Rajkot Municipal Corporation officers. Chief Justice Sunita Agarwal and Justice Pranav Trivedi emphasized the need for a thorough inquiry, ensuring that any official found negligent would be held accountable.

Further, the Court ordered an investigation into the operations of all municipal corporations in the State, referencing other recent tragic incidents such as the Morbi bridge collapse and the Harni Lake boat tragedy. Additionally, the State was instructed to physically inspect schools, both State-run and private, that serve children aged 3 to 14 years, to verify fire safety measures and building permissions.

The Principal Secretary of the State Urban Development and Urban Housing Department was mandated to file a personal affidavit to submit the inquiry report. The matter is scheduled for further hearing on July 4. Advocate DM Devnani served as amicus curiae, assisting the Court in this case.

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Written by – Anurag Das

 

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NEET UG 2024: Supreme Court had ordered NEET re-exam on 24th June

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BACKGROUND

The results of NEET UG 2024 on 4th June, 2024 put a controversy across the country. According to the NTA report, 17 students landed in first position in the exam with a perfect score of 720/720 and six of the 1,563 candidates who received grace marks ranked at the top. Moreover, 44 other students were awarded AIR 1 after receiving grace marks. According to the NTA, the question on atoms contained an error in an old NCERT book. Despite this, the provisional answer key released by the NTA on May 29 indicated that Option 1 was correct. This very issue was contested by 13,373 students, who contended that NTA’s answer did not align with old NCERT books. The NTA clarified and remove the ambiguity that, the question paper was based on the new NCERT book. As a result of such decision, the score of 44 candidates were raised from 715 to a perfect score of 720, leading to an extraordinary number of NEET-UG toppers this year.

PRIMARY CONCERNS

  • The awarding of grace marks to certain students.
  • Allegations of leaked question paper.
  • Suspected irregularities at specific exam centers.

APEX COURT VERDICT

A panel was established to review the NEET UG 2024 results, the committee decided to cancel the scorecards of 1,563 candidates, who received grace marks and these students will have the option to take a re-test. The exam will be conducted on June 23, and the results will be declared before June 30. Additionally, students who do not wish to appear for the exam will have to accept their original marks deducting the grace marks. And the court declared that “Counselling will proceed, it will not stop. If the exam is affected, everything is affected, so there is nothing to fear”.

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Judgement Reviewed By- Shreyasi Ghatak