1962 Constitution of Pakistan was not a Constitution in the eye of law at all, because the same was not given to the nation by the people's representatives of Pakistan, rather the same was given by an usurper dictator abrogating the 1956 Constitution which was duly framed and adopted by the Constituent Assembly of Pakistan. Thus the Enemy Property Act [EPA] which was promulgated under a void Constitution of 1962 given by an usurper, the Pakistan Defence Rule 1965 and the Ordinance I of 1969 and its continuance under the grab of Act XLV of 1974 was a misnomer. Enactment of Enemy Property (Continuance of Emergency Provisions) (Repeal) Act, 1974 was a historical mistake. In view of our observations regarding 1974 Act and 1976 Ordinance we hold that measures are likely to be needed to give proper effect of the objective of the Act, 2001 (amended in 2013) and these are the matter to be dealt with by the legislature and executive.
Laxmi Kanta Roy Vs. UNO, 46 DLR (HCD) 1994, Page-136, Aroti Rani Paul vs. Shudarshan Kumar Paul and others, 56 DLR (AD) 73, Saju Hosein and other, 58 DLR (AD) 177 and Pulichand Omraolal Case, 33 DLR (AD) 30 relied. ...Md. Abdul Hye Vs. Bangladesh & ors., (Civil), 10 SCOB [2018] HCD 163
All actions, decisions regarding listing any property within the territory of Bangladesh as enemy property or vested property after 23.03.1974 are illegal;
The persons engaged with the task of listing the property as vested property after 23.03.1974 are liable to be held responsible for doing illegal works; and The above decisions were given by the Supreme Court of Bangladesh during 1980-2004. Not a single judgment has yet been pronounced in contrary to the principles enunciated by our apex court in the above mentioned cases. Thus, the persons who were/are engaged in listing properties as vested property subsequent to 18.06.1980 are liable to be proceeded with for contempt of Court. ...Md. Abdul Hye Vs. Bangladesh & ors., (Civil), 10 SCOB [2018] HCD 163 ....View Full Judgment