PARLIAMENTARY DEBATES 61
Ordinance XXXVIII of 1944 was passed, which constituted special tribunals for trying these offenders. These tribunals were spread all over India in the different Provinces of United India before the Partition. These tribunals were given power to freeze the property of the delinquent by passing attachment orders and the courts so empowered were courts within whose jurisdiction the delinquents stayed or carried on business.
After the Partition a peculiar situation arose, namely that the tribunals which passed the orders of attachment against the properties of the delinquents became part of Pakistan, whereas the property of the delinquents remained in India proper. This difficulty has to a large extent held up the work of carrying on these trials. It is therefore now proposed that the power of passing further orders with respect to property which has already been attached by courts (which unfortunately happen to be now in Pakistan) should be transferred to courts operating within the Indian Republic. Consequently it is thought desirable to add this section 9A which permits the courts within whose jurisdiction the offences are now being tried to exercise the power of passing orders regarding the property which is held by these deliquents.
The Ordinance was promulgated because the matter was regarded as very urgent. As the power of continuing the Ordinance is of a limited duration it is necessary to revise the Ordinance before the expiry of time by this measure.
Mr. Chairman: Motion moved :
“That the Bill further to amend the Criminal Law Amendment Ordinance, 1944, be taken into consideration.”
Shri Himatsingka (West Bengal) : On a point of information, may I know if the property that has been attached by an order of the court is now in Paksitan. If the property continues there.......
Dr. Ambedkar: The property is here.
Mr. Chairman: The question is:
“That the Bill further to amend the Criminal Law Amendment Ordinance, 1944, be taken into consideration.”