Kerala High Court Clarifies Waqf Act's Section 52A

The Kerala High Court has clarified that section 52A of the Waqf Act does not apply to those occupying waqf property before its 2013 amendment. This observation led to quashing the criminal proceedings against two postal officials accused of alienating waqf property without board permission.

The Kerala High Court recently clarified that section 52A of the Waqf Act, added by a 2013 amendment, does not apply to those occupying waqf property prior to its implementation. This ruling came while quashing charges against two Department of Posts officials accused of unauthorized land use.

The legal action was initiated by the Kerala State Waqf Board against these officials for allegedly alienating waqf property without the board's sanction. The property in question had been used by the post office since 1999, long before the amendment was introduced.

Justice P V Kunhikrishnan, presiding over the case, ruled that the prosecution of the officials was not justified, noting that the law does not support action against individuals occupying such land before the amendment. This led to the quashing of criminal proceedings in the Kozhikode court.

(With inputs from agencies.)