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Kerala HC: No prosecution on occupying Waqf property before 2013

The court said section 52A was inserted in the Act in 2013 but the petitioners were in possession of the property even before the introduction of the section concerned.

The State Waqf Board initiated action against the Postal department staff in Kozhikode pertaining to a post office functioning in a building owned by Muslim trust — JDT Islam.

The Kerala High Court has held that prosecution cannot be initiated on charges of possessing a Waqf property without the sanction of the Waqf board if the property was in possession before fusing section 52A in the Waqf Act.

The ruling was made by Justice P V Kunhikrishnan on November 7 in a petition moved by two officials of the Postal Department. The officials were facing prosecution under section 52A of the Waqf Act from 2017 on charges of illegally possessing a Waqf property.

The court said section 52A was inserted in the Act in 2013 but the petitioners were in possession of the property even before the introduction of the section concerned. The State Waqf Board initiated action against the Postal department staff in Kozhikode pertaining to a post office functioning in a building owned by Muslim trust — JDT Islam.

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The board issued notices to the Postal staff and dubbed them encroachers when they failed to vacate the premises. The office has been functioning since 1999. The board also moved a magistrate court against the staff under section 52A of the Act alleging that they illegally took possession of Waqf property without obtaining sanction from the board.

The section 52A envisages rigorous imprisonment of up to two years for alienation, purchasing or possession of movable or immovable Waqf property without prior sanction from the board.

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