The Kerala High Court has observed that section 52A of the Waqf Act, which was inserted by an amendment in 2013, does not say that those in occupation of waqf property prior to that can be prosecuted for alienating such land without the Waqf Board’s sanction.
The observation by Justice P V Kunhikrishnan came while quashing the criminal proceedings against two officials of the Department of Posts for allegedly alienating waqf property without the Waqf Board’s permission.
The criminal proceedings were initiated against the officials on a complaint by the Kerala State Waqf Board.
Quashing the criminal proceedings pending before a magisterial court in Kozhikode, the High Court said the post office was functioning on the waqf property since 1999 and section 52A of the Act does not show that a person who is in occupation of such land even prior to the insertion of the provision were liable to be prosecuted.
“Hence, I am of the considered opinion that the prosecution against the petitioners is unsustainable,” Justice Kunhikrishnan said.
The complaint was filed against the Department of Post officials as they had not vacated the property despite the Waqf Tribunal directing them to do so in 2018.
