In a landmark decision, the Kerala High Court affirmed the Indian citizenship of a retired police officer’s father, dismissing claims that his brief employment in Pakistan rendered him an “enemy” under Indian law. The case, brought by P Ummer Koya, challenged the classification of his father’s land as “enemy property” due to a short stint in Karachi decades ago.
The Court ruled that the Defence of India Act did not classify individuals as enemies solely based on overseas employment, emphasizing that the legal provisions were intended to regulate trade and not citizenship status. It further concluded that Koya’s father, who passed away as an Indian citizen, had never engaged in activities that would warrant the property being designated as enemy-held.
Advocate MA Asif represented Koya in the proceedings, arguing successfully against the proceedings initiated by the Custodian of Enemy Property for India. The ruling directed local authorities to accept property tax payments, bringing relief to Koya and his family in Malappuram, Kerala, where they have lived for generations.
