Kochi: The Kerala High Court has noted that Section 52A of the Wakf Act, introduced through a 2013 amendment, does not provide for prosecuting individuals occupying wakf property prior to the amendment for alienating the land without the Wakf Board’s approval.
Justice PV Kunhikrishnan made this observation while quashing criminal proceedings against two officials of the Department of Posts who were accused of alienating wakf property without the Board's consent.
The proceedings had been initiated following a complaint filed by the Kerala State Wakf Board. Quashing the criminal proceedings pending before a magisterial court in Kozhikode, the High Court said the post office was functioning on the wakf 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 Wakf Tribunal directing them to do so in 2018.
