No Retrospective Penalty: Kerala High Court Ruling on Waqf Act

The Kerala High Court ruled that section 52A of the Waqf Act, which came into effect in November 2013 and penalizes waqf property alienation without Waqf Board sanction, does not apply retrospectively. This decision came after a plea challenged the prosecution initiated under this section by the Kerala State Waqf Board.

The Kerala High Court has clarified that section 52A of the Waqf Act, implemented in November 2013, lacks retrospective effect in prosecuting cases of unauthorized waqf property alienation.

Justice P V Kunhikrishnan's ruling came following a plea by two individuals contesting their prosecution under this section after a complaint by the Kerala State Waqf Board.

The court determined there was no alienation, purchase, or new possession of waqf property by the accused individuals post the section's enforcement, thus making the prosecution unwarranted.

(With inputs from agencies.)