ANI
Justice PV Kunhikrishnan, quashing criminal proceedings pending before a magistrate court in Kozhikode, ruled that the 2013 amendment to the Waqf Act does not indicate that persons in possession of Waqf property before the insertion of the provision can be prosecuted. Is. The 2013 amendment added section 52A to the Act, which makes unauthorized occupation of waqf property a criminal offence.
The Kerala High Court said in a judgment that the 2013 amendment to the Waqf Act does not have retrospective effect. The high court’s decision came in a case filed by the Waqf Board against a post office running on the Waqf property since 1999. The case was registered against the Senior Superintendent of Calicut Postal Division and Marikunnu Deputy Post Master on the basis of a complaint filed by the Kerala State Waqf Board. Before the amendment was introduced in 2013, the post office had been functioning on Waqf property since 1999. Making this observation, the court quashed the criminal proceedings against two officials of the postal department for allegedly transferring Waqf property without the permission of the Waqf Board.
Justice PV Kunhikrishnan, quashing criminal proceedings pending before a magistrate court in Kozhikode, ruled that the 2013 amendment to the Waqf Act does not indicate that persons in possession of Waqf property before the insertion of the provision can be prosecuted. Is. The 2013 amendment added section 52A to the Act, which makes unauthorized occupation of waqf property a criminal offence.
The Waqf Board had filed a complaint against the postal officials as they had not vacated the property despite being directed to do so by the Waqf Tribunal in 2018. However, the High Court ruled that the prosecution against the officers was not sustainable.
