The world must have welcomed the news this morning that Sakineh Mohammadi Ashtiani was not hanged today as was expected.
There has been a veritable protest and populous movement in France, led by well known philosopher Henri Bernard Levy.
A video released by Agence France Presse, in French, shows Levy getting out of a taxicab and saying that President Nicolas Sarkozy personally warned Iran that if as much as a hair on Sakineh's head was touched, that any and all possibility of relations with the Islamic Republic would go up in flames.
French Foreign Minister Bernard Kouchner, who is also very heavily involved in this case, spoke by telephone on Wednesday with Manouchehr Mottaki, Iran's Diplomatic Relations Chief. He reported that Mottaki stated that the final verdict in the case of Sakineh Ashtiani had not yet been delivered by the Iranian justice and that the information released about her case and execution did not correspond with reality. Kouchner related his appeal to Mottaki to abandon the idea of executing Sakineh with an eye toward pardoning her. He also tried to explain to him the international community's incomprehension at the imprisonment of Sakineh's son and lawyer.
Kouchner ended by calling on the Iranian authorities to respect basic human rights and cease its policies of intimidation and repression, asking for the release of all those who have been unjustly jailed.
At the same time, a letter signed by 119 British MPs, calling on Iran to live up to its commitments as a signatory of the International Declaration of Human Rights, was delivered to the Iranian embassy in London.
Secretary of State Hillary Clinton criticized Iran's failure to 'protect the fundamental rights of their own citizens, particularly women', adding that 'Ms Ashtiani's case has not proceeded with the transparency and due process guaranteed under Iranian law, and we are concerned about reports of coerced confessions and other mistreatment.'
Comments
Enemy Property Bill kept in abeyance *
The UPA government endorsed the present Enemy Act 1968 guiding the property
rights of the properties left during the time of partition. The Enemy
Property (Amendment and Validation) Bill 2010 that was introduced in Lok
Sabha was kept in abeyance. According to the amendment bill courts would
have no jurisdiction over occupation of properties which have been left
behind by those who went to Pakistan at the time of partition. As a result
of the amendment the *custodian* would find it difficult to continue with
the occupation of such properties.
The Bill, if passed, would have restricted Indian family members of those
who then had migrated to Pakistan at the time of Partition from going to
court to regain possession of the property of their forefathers. These
properties were at that time seized as “enemy property” under an Act of 1968
and had been vested in a custodian. The Bill would have adversely affected
large number of families staying in states like Uttar Pradesh, Bihar, Assam
and Maharashtra.
The government was forced to promulgate an ordinance to bring an end to the
rash of appeals in various High Courts demanding repossession of properties
held by the custodian. This was initially triggered off by the Supreme Court
order restoring the properties of the Rajah of Mehmoodabad to his heir,
Mohammad Amir Mohammad Khan. This was a 32 year long battle in court that
helped him gain the possession.
*Custodian*
Custodian of Enemy Property for India is an Indian government department
which is empowered to appropriate property in India owned by Pakistani
nationals. Offices of the Custodian are located in Mumbai with a branch in
Kolkata.
*Economics*
Enemy Property Act was promulgated in 1968. Under the Act the Central
Government of India was authorized to appoint a custodian for enemy property
for India. The properties defined under the act included all immovable
property, all lockers and safe deposits and all negotiable instruments such
as promissory notes, shares, debentures and other Commerce. Citizens of
India were banned from entering any transactions by way of granting
development rights, sale or transfer or mortgage of 1/3rd of a property in
India declared as "enemy" property. One of the estimates shows that there
are over 2000 such properties across India. Enemy properties that are vested
in custodian were valued at Rs. 29.40 crores in 1971.
These are in the form of:
(i) Land, buildings etc. scattered throughout the country.
(ii) vested firms’ securities, shares, debentures, etc.
(iii) Bank balances, cash; and
(iv) Provident fund balances and gratuity.
Similarly Indians, who then had migrated from Pakistan to India also lost as
their property was seized by Pakistan government under similar act. The
total value of the properties amounted to Rs 109 crores of assets. This loss
was partially paid in the form of ex gratia to the individuals and
enterprises under the Ex-gratia scheme announced by GoI on 15.3.1971.
*History*
The act was promulgated on 10th July 1968 encompassing whole India except
for State of Jammu and Kashmir. The law promulgates many restrictions on the
enemy properties which include defining property rights to enemies,
custodians and transfer of such properties under the authorities. This was
enacted with many orders from the Defense of India Rules, 1962 was continued
even after the Act was passed by the Parliament mainly on account of
security concerns. An amendment to replace the enemy property act was
brought in September 1977. This was known as Enemy Property (Amendment) Act,
1977 which was imposed after repealing of Enemy Property (Amendment)
Ordinance, 1977.
Enemy Property Bill kept in abeyance
The UPA government endorsed the present Enemy Act 1968 guiding the property
rights of the properties left during the time of partition. The Enemy
Property (Amendment and Validation) Bill 2010 that was introduced in Lok
Sabha was kept in abeyance. According to the amendment bill courts would
have no jurisdiction over occupation of properties which have been left
behind by those who went to Pakistan at the time of partition. As a result
of the amendment the *custodian* would find it difficult to continue with
the occupation of such properties.
The Bill, if passed, would have restricted Indian family members of those
who then had migrated to Pakistan at the time of Partition from going to
court to regain possession of the property of their forefathers. These
properties were at that time seized as “enemy property” under an Act of 1968
and had been vested in a custodian. The Bill would have adversely affected
large number of families staying in states like Uttar Pradesh, Bihar, Assam
and Maharashtra.
The government was forced to promulgate an ordinance to bring an end to the
rash of appeals in various High Courts demanding repossession of properties
held by the custodian. This was initially triggered off by the Supreme Court
order restoring the properties of the Rajah of Mehmoodabad to his heir,
Mohammad Amir Mohammad Khan. This was a 32 year long battle in court that
helped him gain the possession.
*Custodian*
Custodian of Enemy Property for India is an Indian government department
which is empowered to appropriate property in India owned by Pakistani
nationals. Offices of the Custodian are located in Mumbai with a branch in
Kolkata.
*Economics*
Enemy Property Act was promulgated in 1968. Under the Act the Central
Government of India was authorized to appoint a custodian for enemy property
for India. The properties defined under the act included all immovable
property, all lockers and safe deposits and all negotiable instruments such
as promissory notes, shares, debentures and other Commerce. Citizens of
India were banned from entering any transactions by way of granting
development rights, sale or transfer or mortgage of 1/3rd of a property in
India declared as "enemy" property. One of the estimates shows that there
are over 2000 such properties across India. Enemy properties that are vested
in custodian were valued at Rs. 29.40 crores in 1971.
These are in the form of:
(i) Land, buildings etc. scattered throughout the country.
(ii) vested firms’ securities, shares, debentures, etc.
(iii) Bank balances, cash; and
(iv) Provident fund balances and gratuity.
Similarly Indians, who then had migrated from Pakistan to India also lost as
their property was seized by Pakistan government under similar act. The
total value of the properties amounted to Rs 109 crores of assets. This loss
was partially paid in the form of ex gratia to the individuals and
enterprises under the Ex-gratia scheme announced by GoI on 15.3.1971.
*History*
The act was promulgated on 10th July 1968 encompassing whole India except
for State of Jammu and Kashmir. The law promulgates many restrictions on the
enemy properties which include defining property rights to enemies,
custodians and transfer of such properties under the authorities. This was
enacted with many orders from the Defense of India Rules, 1962 was continued
even after the Act was passed by the Parliament mainly on account of
security concerns. An amendment to replace the enemy property act was
brought in September 1977. This was known as Enemy Property (Amendment) Act,
1977 which was imposed after repealing of Enemy Property (Amendment)
Ordinance, 1977.
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